The notion of “fair” trade implies that trade agreements should protect values other than pure trade liberalization. But which values must be protected in order for trade to be “fair”? This Article makes two novel contributions. First, focusing on the environmental context, it demonstrates that selective enforcement in trade law today is pervasive. Notably, instead of selectively enforcing environmental laws to gain a trade advantage—the traditional concern of critics—governments selectively enforce trade laws in ways that hurt environmental interests.

In Federal Lands and Fossil Fuels: Maximizing Social Welfare in Federal Energy Leasing, Prof. Jayni Foley Hein assesses inefficiencies in the federal fossil fuel leasing program that lead to the over-extraction of fossil fuels at great societal cost. In recognition of the U.S. Department of the Interior’s (DOI's) role in stewarding federal lands for the long-term benefit of the American people, Hein proposes that DOI should adopt a policy of seeking to maximize social welfare or “net public benefits” in its leasing decisions.

The externality costs of fossil fuel production—including pollution costs—are not accounted for under the U.S. Department of the Interior’s (Interior) coal, oil, and natural gas leasing programs. This results in fossil fuel production on public lands imposing significant social costs. Interior’s leasing programs have never been tailored to meet any past or present climate change goals, despite their significant contribution to domestic greenhouse gas emissions.

As human populations have more than doubled since 1960, pressure on wild fish stocks has increased dramatically. This Article argues that the establishment of an electronic reporting and monitoring regime in U.S. fisheries is both necessary to ensure compliance with statutory imperatives to manage them according to best available science, and essential for continued long-term viability of the U.S. fishing industry.

There is a movement among companies to use more renewable energy and less energy obtained from fossil fuels. Some are pledging to go “100% renewable,” while many others have set goals to rely on substantial percentages of renewable energy. In addition to setting these goals, many companies report on how much renewable energy they currently use, and convey this information in annual sustainability reports or in publicly issued statements and news releases.

Limiting future temperature increases and associated climate change requires immediate action to prevent additional carbon dioxide being released into the atmosphere and to lower the existing atmospheric carbon dioxide load. This could be advanced through carbon capture and storage (CCS), which involves collecting carbon dioxide that would otherwise be released by power plants or similar facilities and injecting it into underground geologic formations, where it will remain permanently sequestered.

In his recent statements and testimony before the U.S. Congress, Secretary of the Interior David Bernhardt has expressed doubt he has the legal authority to limit his unrelenting campaign to lease fossil fuels on America’s public lands. He has supplemented this by offering a rather bizarre argument that he has no such obligation because carbon emissions are being curbed more in the United States than in many other countries. The U.S. Department of the Interior (DOI) reported not long ago that these emissions account for about one-quarter of total U.S. carbon emissions.

Cooperative federalism can lead to more efficient and pragmatic environmental protection, and allow states to develop effective programs tailored to their needs and resources. Nevertheless, the future of the federal-state relationship in the environmental context is uncertain as state and federal priorities come into conflict: for instance, EPA’s proposal to revoke California’s authority to regulate tailpipe emissions of greenhouse gases. Recent reports have begun a discussion on the future of cooperative federalism and environmental protection, but significant questions remain unanswered.

“Reduce, Reuse, Recycle” is the call to arms of the mainstream environmental movement. While these actions may seem simple for households, decisions to reduce, reuse, and recycle in the commercial and industrial spheres require innovation, creativity, and risk. New practices in the organic waste and hazardous waste sectors have revolutionized our perspectives on waste and resource use, and contributed to reductions in pollution.

Under RCRA, EPA must impose rules for the control, management, and disposal of “hazardous waste.” The definition of solid waste (DSW) issue refers to a set of complex rules for determining whether recycled hazardous secondary materials are subject to RCRA Subtitle C. The U.S. Court of Appeals for the District of Columbia (D.C.) Circuit has issued several decisions on the DSW issue; the most recent invalidated two significant provisions of EPA’s most recent DSW rule, the “along for the ride” criterion and the verified recycler exclusion. This Article argues that the D.C.