Few environmentalists claim to be utilitarians; yet there is much criticism of the alleged legal utilitarianism that permeates environmental law. If we disentangle the arguments, it seems that the criticism is in fact directed at the legal application of economic theories with a view to sustainable development - and thus at the balancing of economic and environmental interests, rather than environmental interests alone. The first criticism is that the legal instruments derived from economic theories are effective in meeting the objective of environmental protection. A second criticism is that legal utilitarianism in environmental law cannot be reduced solely to the application of economic theories, since there is a genuine utilitarian ethic in environmental law.