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Protecting All People From Pollution in a Pluralistic Society

This Comment touches on some of the key concerns that Dave Owen's The Negotiable Implementation of Environmental Law raised about equity and transparency in environmental law, and shares a couple of examples that have emerged in the last few months that people are inventing to try to address this.

The Art and Science of Environmental Negotiation

Black letter law is implemented in countless shades of gray, with interpretation and negotiation at virtually every step of the way. Prof. Dave Owen’s The Negotiable Implementation of Environmental Law digs deep, beyond the obvious, to underscore that negotiation is not a dark art but a necessary skill that deserves more attention and training.

Implementing Environmental Laws: “Negotiating Everything”

Dave Owen's The Negotiable Implementation of Environmental Law did a nice job of highlighting some of the major statutes that are the backbone of our practice and the launching point for effective negotiation. One of the implications of the article that highlights the axiom “wake up . . . people are negotiating” is to understand that promulgation of the law by regulations is not the end point.

The Negotiable Implementation of Environmental Law

In theoretical accounts of environmental law, traditional environmental-law education, and much of the discourse of environmental-law implementation, negotiation is absent, except in a few celebrated and seemingly exceptional settings. When scholars and policy advocates do address the roles of negotiation, they tend to default to two competing conceptions. In one—the “command-and-control” view—environmental law is problematically centralized and rigid, and negotiation exists only in exceptional circumstances.

Choice Architecture Is One Piece of the Climate Action Puzzle

Choice architecture as defined by Professor Mormann in Climate Choice Architecture is helpful and important, but it is also easy to overestimate its impact. It is not everything. This Comment argues that choice architecture is framing a decision at the point of decisionmaking, presenting a list in a specific way, like the decoy effect, setting defaults. Sometimes, social norms and feedback is choice architecture if presented at the time of making a decision or if presented at the optimal choice opportunity.

Leveraging Climate Choice Architecture for Effective Behavior Change

Prof. Felix Mormann’s introduction in Climate Choice Architecture masterfully highlights the pivotal role of behavioral change in tackling the global climate crisis, and underscores the profound impact of choice architecture—subtle changes in decision environments—on influencing climate-conscious decisionmaking. Drawing from the seminal works of Nobel Laureate Richard Thaler and Prof. Cass Sunstein, Professor Mormann champions the strategic use of small “nudges” to guide individuals and organizations toward sustainable outcomes.

Nudge Strategies: The Need for a Systematic Approach

Prof. Felix Mormann’s Climate Choice Architecture provides a comprehensive framework and a masterful summary of the state of knowledge on behavioral nudges as they are applied to environmental outcomes. It does a great job of summarizing the literature and also crosses over from energy into water as well. This Comment supports Professor Mormann's conclusion that nudges can be very powerful instruments for achieving climate goals.

Climate Choice Architecture

Successful climate change mitigation and adaptation require behavioral change at an unprecedented scale. Fortunately, behavioral research has proven that minor tweaks to the choice environment can usher in a paradigm shift toward more climate-friendly decisionmaking. This Article makes the case for greater reliance on choice architectural nudges as a catalyst for more climate-friendly decisionmaking across a wide range of contexts.