ABSTRACT

Environmental law is conventionally understood as the set of formal legal directives (statutes, regulations, doctrines, judicial decisions and the like) that are explicitly oriented toward protecting, conserving or restoring components of ‘the environment.’ Many scientists, activists, scholars and policy makers believe that environmental law, as presently imagined and practiced, as failed, or, indeed, has proven to be counter-productive. But because virtually every proposed route toward sustainable environmental integrity acknowledges that law and legal change are indispensable means to this end, then answering the ‘what’s-the-matter-with-law’ question is also necessary. This chapter discusses explanations for this insufficiency and proposed remedies.