Arkansas Law Review

Vol. 71, No.2


Keynote: Motivating Private Climate Governance: The Role of the Efficiency Gap

Michael P. Vandenbergh

The topic of this symposium, “Environmental Sustainability and Private Governance,” is important and timely. In response to the shrinking federal role in environmental protection, many policy advocates have focused on the role of states and cities, but this symposium focuses on another important source of sustainability initiatives: the private sector, including corporations, households, civic and cultural organizations, religious organizations, private hospitals, colleges and universities, and other organizations. States, cities, and other subnational government responses are increasingly important, but the limited geographic reach of subnational governments constrains their ability to address many environmental problems.


Contracting for Sustainable Surface Management

Tara Righetti

Split-estate landowners and energy developers negotiate terms of surface use and compensation for damages. The resulting agreements fill in the gaps and complement public governance mechanisms. As such, surface damage agreements are a highly adaptable and effective private governance instrument to promote site-specific surface management plans and environmental behavior and best practices. This article examines the surface damage agreement as an instrument of private governance.


Board Rooms and Jail Cells: Assessing NGO Approaches to Private Environmental Governance

Joshua Ulan Galperin

This brief comparison signals the need to look closely at the goals, strategies, targets, and tactics of environmental NGOs, and this article offers a framework for taking that closer look. More rigorous analysis of environmental NGOs will help scholars and practitioners better understand surprising overlaps such as the one between TNC and Greenpeace.


Food Sustainability in the Age of Complex, Global Supply Chains

Steph Tai

Food production has become more complex over time. Moreover, we are producing food in an increasingly global, rather than local, manner. How can demands for sustainability be reinforced in this age of complex, global supply chains? This essay focuses on three key features of the modern food supply chain: the variety of components, the complexity of the chain itself, and diversity of “enforcement” mechanisms in food production supply chains. These features suggest that traditional governmental tools (such as command and control measures) and contractual tools (such as performance standards) may not be sufficient to ensure sustainable production methods.


Reclaiming Energy Efficiency in an Age of Petroleum Exclusion

Monika Ehrman

This article, adapted from the University of Arkansas School of Law symposium, The Role of Private Environmental Governance (October 27, 2017), reviews, in brief, the need to implement energy efficiency within the domestic demand-side sector and possible strategies to increase energy efficiency while working towards reduced greenhouse gas emissions.


Green Supply Chain Management: A Perspective on Best Practices in GSCM Design

Leroy Paddock and Natasha Rao

Greening of company supply chains has become almost de rigueur for large, publicly facing companies. This article will next lay out some of the key governance concepts that demonstrate why private environmental supply chain requirements are so important in achieving sustainability- based outcomes.