The Ends and Means of Pollution Control: Toward a Positive Theory of Environmental Law

An understanding of environmental law’s means and ends makes it possible to understand the field as a whole, both in terms of the overall structure of statutes and relationships between means and ends. This analysis of means and ends yields a host of valuable insights and significant research questions. It also provides an important foundation for evaluating proposed regulatory reforms. A reasonably complete theory, at a minimum, should also explain key features of the enforcement regime and the allocation of authority among governments.

The theory of means and ends articulated here constitutes a very substantial step forward in constructing a positive theory of environmental law as a whole.