In July 2021, the European Commission published a proposal for a Carbon Border Adjustment Mechanism (CBAM), part of a wider package of laws aimed at implementing the EU Green Deal. The exact design of the CBAM is in flux, and priorities will have to be set. The chief concern is the compatibility of a CBAM with the law of the World Trade Organization (WTO). This Article explores whether and how the various CBAM design options under consideration can be reconciled with WTO requirements, focusing on a possible import border adjustment scheme.

We are in the first phase of a second space age, building on exploration that led to the 1967 Outer Space Treaty. The year 2020 witnessed 110 orbital launches. Renewed activity in outer space, and new sources of investment and technology, will magnify and accelerate the potential environmental effects of space activities. Those venturing into or investing in space will need to keep abreast of the current applicable legal framework, and also look for ways to improve the law to address concerns related to pollution, contamination, and debris.

Since its inception in 1982, the U.S. Department of Justice’s Environmental Crimes Section (ECS) has prosecuted over 1,000 individuals and 400 corporations, cumulatively resulting in 800 years of incarceration and nearly $1 billion in criminal fines. Criminal enforcement tends to accelerate restitution of environmental damages more than if civil enforcement were pursued alone, and the money generated by criminal fines can be used to restore environmental damages or as general revenue for the federal government.