Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE ( © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 06 June 2020

Abstract and Keywords

This article discusses three strands of environmental law scholarship. First, the nearly simultaneous passage of the major environmental laws meant that legislators often had no time to react to the experience under one law before enacting another; thus several mistakes were made in the early environmental laws, and many of these mistakes were repeated from one statute to the next. A large strand of legal scholarship on the environment has taken critical aim at these early mistakes. To this day, environmental law scholars focus much of their attention on issues of statutory design. Secondly, environmental law came of age during a period of great flux in the relationships between the legislature, the executive, and the courts. Finally, environmental law has come of age during a period in which opinions about ‘vertical’ institutional design — what in the United States comes under the umbrella of ‘federalism’ and what in the European Union comes under the umbrella of ‘subsidiarity’ — have changed quite substantially.

Keywords: environmental law, legal scholarship, federalism, subsidiarity

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.