Sustainability-by-Design in Artificial Intelligence Law:

Bridging EU Digital Regulation and Environmental Governance

Naim Mathlouthi

 

Abstract: This article examines the emerging concept of Sustainability-by-Design within European Union artificial intelligence regulation and argues that its current treatment under the EU Artificial Intelligence Act remains legally underdeveloped. While the AI Act adopts an ambitious ex ante, risk-based, and lifecycle-oriented regulatory model, environmental sustainability is addressed only marginally, primarily through aspirational references and reliance on voluntary standards. This omission is increasingly problematic given the documented environmental footprint of advanced and general-purpose AI systems, particularly in relation to energy consumption, data infrastructure, and carbon emissions. The article situates this deficiency within a broader problem of regulatory silos, where EU digital regulation and EU environmental governance evolve in parallel rather than through coordinated legal design. Drawing on regulatory governance theory, particularly risk-based regulation and networked governance, the study demonstrates that the AI Act’s compliance architecture is conceptually compatible with established environmental governance tools such as environmental impact assessment, lifecycle analysis, and sustainability reporting. However, these instruments remain institutionally disconnected from AI governance. Using doctrinal analysis of EU legislation and regulatory governance analysis, the article develops a cross-regime framework for operationalising Sustainability-by-Design as a legal duty embedded in the AI lifecycle. It proposes a structured compliance pathway that integrates environmental assessment, documentation, and oversight into existing AI regulatory mechanisms, supported by coordinated supervision between digital and environmental authorities. The article concludes that embedding Sustainability-by-Design within EU AI regulation would enhance regulatory coherence, legal certainty, and environmental accountability, aligning the EU’s digital transformation with its sustainability commitments under the European Green Deal.