Document Type

Article

Publication Title

Natural Resources & Environment

Publication Date

Fall 2017

ISSN

0882-3812

Page Number

47

Keywords

environmental governance, private advocacy, pollution

Disciplines

Environmental Law | Law

Abstract

Environmentat governance today involves more than just actions by government. It involves new standards by retailers that restrict the toxic chemicals in thousands of products and private certification and standards programs directed at fish, forests, and many agricultural products. It also includes investor-driven organizations that create pressure for carbon disclosure, tender-driven requirements for environmental assessments, and private-sector initiatives that drive demand for renewable power. This is the world of private environmental governance. Private environmental governance (PEG) occurs when private organizations perform the environmental protection functions traditionally assigned to government. See Michael Vandenbergh, Private Environmental Governance, 99 Cornell L. Rev. 129, 132 (2013). PEG has become widespread in the last two decades, and private advocacy, in which lawyers direct their advocacy toward private organizations rather than governments, is playing an increasingly important rote in environmental governance.

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