This Article addresses the pressing need for six “green states”—New York, Hawaii, Illinois, Massachusetts, Montana, and Pennsylvania—to adopt quasi-judicial mechanisms for enforcement of their…

The relationship between the Convention on Biological Diversity and the Trade-Related Aspects of Intellectual Property Rights regime under the World Trade Organization is complex. The manner in…

On June 28, 2024, the U.S. Supreme Court overruled Chevron v. Natural Resources Defense Council, concluding that courts have a constitutional and statutory obligation to exercise their “…

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…

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…

The Joseph Biden Administration has signaled an interest in ensuring that regulations appropriately benefit vulnerable and disadvantaged communities. Prior presidential administrations have…

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…

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…

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership…

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…