Doug Kysar’s book, Regulating from nowhere: environmental law and the search for objectivity, is one of the best I’ve ever read on the topic. It goes into ontological and ethical issues in law – a very good book.
Here is a very interesting talk on it, and a wide ranging set of issues in environmental policy with Kysar, moderated by Sheila Jasanoff, and discussed by Amy Sinden and Jonathan Adler