Solving environmental problems in a polarized era requires avoiding failures of imagination. The remarkable framework of constitutional interpretations, statutes, regulations, policies, agencies, and courts that developed over the last half century remains in place and dominates how we think...

"This paper develops a theory of voluntary provision of a public good in which a household's decision to engage in a form of environmentally friendly behavior is based on the desire to offset another behavior that is environmentally harmful. The model generates predictions about (1)...

On November 4, 2016, DOJ's Environment and Natural Resources Division convened an extraordinary group of legal scholars and practitioners to discuss “The Future of Environmental Law.” Speaking before the presidential election but mindful of the transition possibilities, the symposium...

In the last two decades, private environmental governance has emerged as an important component of environmental law and policy. Private environmental governance occurs when private organizations perform the environmental functions typically assigned to governments, such as management of common...