The Emergence of Private Environmental Governance

12 Pages Posted: 21 Mar 2014

Date Written: March 19, 2014


Environmental law has long been viewed as a public law field, with policymakers and practitioners conditioned to look to government for solutions to environmental problems, but private governance is playing an increasingly important role. Will private environmental governance become a mainstay of environmental law and policy, or is it another passing fad? This Article examines several issues that will determine the answer to this question. The Article concludes that although private environmental governance is not a substitute for public governance, it is a discrete field worthy of attention by policymakers, practitioners, and theorists.

Keywords: Private Governance, Environmental Law, Climate Change, New Governance, Regulation, Private Ordering

Suggested Citation

Vandenbergh, Michael P., The Emergence of Private Environmental Governance (March 19, 2014). Environmental Law Reporter, Vol. 44, No. 2, 2014, Vanderbilt Law and Economics Research Paper No. 14-18, Vanderbilt Public Law Research Paper No. 14-8, Available at SSRN: or

Michael P. Vandenbergh (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

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