With much of UK and Scottish environmental law presently originating in Brussels, experts have long warned of the challenges associated with Brexit in this sector. These challenges are not just constitutional, but affect the very mechanics of environmental law-making, implementation and...

The unprecedented degradation of the planet’s vital ecosystems is among the most pressing issues confronting the international community. Despite the proliferation of legal instruments to combat environmental problems, conflicts between rich and poor nations (the North-South divide) have...

What does global trade mean for the environment of any particular place? It can produce place-based transformations that are both positive and negative. The Kuznets curve is often touted as a solution that resolves the conflict between trade promotion and environmental protection by purporting...

Enforcement of environmental regulations and bankruptcy reorganization are diametrically opposed. A challenge exists to effectuate policies underlying state environmental legislation and federal bankruptcy legislation. These areas are of particular interest because of public concern for...

This Article examines the legal mechanics underlying the sustainable commerce private/public governance paradigm whereby industry and government create sustainable commerce initiatives which coordinately grow local/state economies and employment, enhance local/state competitiveness in the global...

The global food system is exceeding ecological limits while failing to meet the nutritional needs of a large segment of the world’s population. While law could play an important role in facilitating the transition to a more just and ecologically sustainable food system, the current legal...

The environmental benefits and risks of agricultural biotechnology have been debated vigorously. However, these debates have been abstract discussions. This paper looks at the environmental benefits of agricultural biotechnology for a specific identifiable problem - the numerical phosphorus...

Environmental protection and resource conservation depend on the imposition of property rights (broadly defined) because in the absence of some property system - private, common, or public - resource degradation and depletion are inevitable. But there is no universal, first-best property regime...

Passed in 1971, Delaware's Coastal Zone Act was a pioneering law that declared as public policy the prohibition of heavy industry and the regulation of manufacturing within Delaware's coastal zone because of the environmental threats posed by such development. This article is the first...

Free trade and environmental protection are two norms which sometimes collide. The resolution of colliding norms can occur either using a formalist "descriptive" analysis, or using a "prescriptive" approach of legal realism. It may seem intuitive to imagine realism and formalism as mutually...