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Full-Text Articles in Law
Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber
Pollution Markets And Social Equity: Analyzing The Fairness Of Cap And Trade, Daniel A. Farber
Daniel A Farber
This Article considers three fairness issues relating to a cap-and-trade system: fairness to industry, fairness to communities disproportionately impacted by pollution, and fairness to low-income energy consumers. First, assuming any compensation of industry is warranted, free allowances would overcompensate firms for the cost of achieving emission reductions; industry should not receive effective ownership of the atmosphere at the public's expense. Second, environmental justice advocates argue that cap-and-trade systems generate pollution hot spots and encourage dirtier plants to continue operating to the detriment of certain disadvantaged communities. However, cap and trade has no intrinsic tendency to produce increased emissions in disadvantaged …
Environmental Federalism In A Global Economy, Daniel A. Farber
Environmental Federalism In A Global Economy, Daniel A. Farber
Daniel A Farber
Explores the parallel evolution of environmental and international laws. Legal systems in the United States and the European Union countries; Rise of a centralized regulation; Analysis of multijurisdictional environmental regulation.
Agencies, Courts, And The Limits Of Balancing, Daniel A. Farber
Agencies, Courts, And The Limits Of Balancing, Daniel A. Farber
Daniel A Farber
Courts have struggled in several very different contexts to determine when a decision maker can consider costs that are not explicitly addressed in the governing statute. This issue arises when agencies decide whether to conduct a rulemaking or what rule to issue after a rulemaking. It also arises when courts decide whether to enjoin a violation of a statute or whether to vacate an administrative rule rather than simply remanding. Judicial opinions point in different directions and often ignore each other.
This Article contends that the same principles should govern judicial and agency discretion to consider costs across all these …