ABSTRACT
In the previous chapter we spent a considerable amount of time understanding the concept of environmental law, for example, what we mean by environment, the role the law plays in solving environmental problems, and the different ways in which the law can be used to help solve identified environmental problems. In this chapter we begin to look at the law in greater detail, delving into the foundations of the law itself, so that we can better understand how those foundations help to define the law as an applied tool. For example, the previous chapter identified command and control as a method by which the law can be used to accomplish an environmental goal; government can develop a standard (command), and then have that standard enforced through direct government action (control). However, who exactly is responsible in government for creating these commands and then enforcing them? Is it always one specific branch of government that is responsible? If so, which branch? If not, are multiple branches involved in the development, implementation, enforcement, and review of environmental laws? If so, how are they involved specifically, and are there rules that control the manner in which different branches of government are involved in this process?
