With the United States’ reentry to the Paris Agreement, there is now consensus among the world's largest carbon emitters that emissions must be reduced. But there is still a radical lack of consensus on what regulations should be chosen to reduce carbon. Worse, there is also a radical...

This paper provides an overview of U.S. law and policy concerning energy efficiency and conservation. The United States appears torn between two narratives - one expressing the abundant demonstrated opportunities provided by energy savings and the other based on a fear of deprivation from using...

This article argues that a key to sustainability is redirecting the law of economic development. From a historical perspective, sustainable development is an effort to integrate environmental protection and restoration with development. As a result, it is not possible to fully understand...

This article is a critique of Bjoslash;rn Lomborg's The Skeptical Environmentalist (2001) from the perspective of sustainable development. While the author often uses the language of sustainable development, the book would turn sustainability on its head. It is generally true, as Lomborg says,...

This Article considers the future interaction of environmental regulation and private property rights, with an emphasis on climate change issues. It concludes that environmental issues not satisfactorily resolved at the federal level will lead to more state and local regulation that impinges on...

Intergenerational equity has rarely been related to the management of Antarctica. This contribution discusses the question to what extent the principle of intergenerational equity has been implemented in the Antarctic Region through the instruments of the Antarctic Treaty system (ATS). A...

Under the Clean Air Act, the U.S Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it...

In 2008 we founded the Institute for Policy Integrity at New York University School of Law with four overarching goals: to publish scholarship on critical policy issues; to improve government decisionmaking through advocacy; to build the capacity of other organizations to make economic arguments...

This Essay examines and explains the positions of the principal interest groups over the past four decades with respect to the two central questions of environmental policy: the appropriate policy goal and the instrument that should be used to carry out the policy. With respect to the first...

Since the publication of Revesz and Stavins (2007), there have been some significant normative advances in the area of environmental law and economics. For example, the emergence of climate change as the area of central concern for environmental regulation has brought a great deal of attention...