Sustainability disclosure is at an impasse. Today’s environmental, social and governance (ESG) disclosure is not delivering the decision-useful information financial markets need, yet the U.S.…

This Article tackles a question that has vexed the administrative state for the last half-century: how to seriously take account of the distributional consequences of regulation. The academic…

In her Making Sustainability Disclosures Sustainable article, Prof. Jill E. Fisch proposes creating a Sustainability Discussion and Analysis (SD&A) section to expressly obligate…

It is now scientifically proven that climate change is causing disruptions to the world at large. These slow-motion consequences threaten most coastal areas around the world, especially the…

This Article develops a new normative account of the function of financial assurance requirements (FARs) for end-of-life obligations in the energy sector. These obligations cover restoration of…

This Article argues that growing private efforts to address climate change collectively take on the attributes and functions of a governance system that could be vital to societal…

The U.S. Environmental Protection Agency (EPA) has the difficult mission of crafting complex environmental rules and regulations while considering the economic costs of those actions. The Agency…

The livestock sector is one of the planet’s primary causes of resource consumption and environmental degradation. Approximately 99% of meat and other animal products in the United States are from…

The role that cost-benefit analysis (CBA) plays in regulatory decisionmaking is at a crossroads, as is the role played by the agency that oversees its implementation, the Office of Information and…

The United Kingdom’s departure from the European Union is anticipated to have a breadth of impacts on its environmental law and policy. Proponents point to opportunities ahead for the government…