Le Goff, T. (2026). Environmental law’s principles applied to artificial intelligence: a path towards regulation. International Review of Law, Computers & Technology, 40(1), 74–97. https://doi.org/10.1080/13600869.2025.2506166
The proliferation of artificial intelligence (AI) technologies, particularly machine learning, has revolutionized various industries, offering unprecedented benefits in cost reduction and performance optimization. However, concerns regarding the environmental impact of AI have emerged alongside its rapid adoption. While current regulatory efforts primarily focus on addressing visible risks such as discrimination and cybersecurity, the environmental footprint of AI remains largely overlooked. The paper proposes a critical analysis of the European Artificial Act’s provisions related to environmental sustainability, which appear to be largely insufficient. This article then explores the relevance of Environmental Law’s principles to build the theoretical foundations and justifications for an environmental regulation of AI. This framework is based on some of the founding principles of environmental law: precaution, public participation, environmental accountability and access to justice. Applying these principles to AI development reveals the need for a precautionary approach to AI environmental regulation, to deploy systematic environmental impact assessment for AI products and services, to create a ‘sustainability by design’ culture in the AI sphere, and to establish compulsory transparency obligations for AI providers.