Boston College Environmental Affairs Law Review, Vol. 35, No. 3 (2008), pp. 397-418


This Article posits that for the U.S. environmental management and technology industry to enjoy success comparable to that of the biotechnology and semiconductor industries requires critical examination of current law to enable market-based and regulatory incentives, which would position U.S. industry to compete with equal strength against global competitors in global markets. This Article explains that the legal community, along with the environmental science and engineering disciplines, must guide both growth and market dominance of this industry in the global marketplace. The Article examines three areas of the law critical to the U.S. Environmental Technology Management System (EMTS) industry -- intellectual property, tax, and corporate law -- and provides examples of how corporate and governmental lawyers can employ current law, absent any new major legislative initiatives, to promote the U.S. EMTS industry to global success and predominance on par with the commercial success of the U. S. semiconductor and biotechnology industries.