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Anatomy Of A Regulatory Program: Comment On 'Strategic Regulators And The Choice Of Rulemaking Procedures', Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

Besides being a very interesting, cogent, and even a tidy study, "Strategic Regulators" sheds some bright light on agency behavior and on the important issue of whether agency rulemaking may be "ossifying."

The study design employed by Hamilton and Schroeder is attractively simple. They started with all of the Environmental Protection Agency's ("EPA's") hazardous waste regulations under the Resource Conservation and Recovery Act ("RCRA") appearing in the Code of Federal Regulations ("CFR"), counting each decimal point CFR number as a separate rule. This yielded 697 rules. They then examined all EPA/RCRA guidance documents issued since the inception of the program …

Searching For Gatt's Environmental Miranda, William Snape

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: While the clairvoyant may have anticipated it earlier, the policy struggle between environmental protection and liberal trade effectively began in August 1991. That month, as has been recounted numerous times, a General Agreement on Tariffs and Trade (GATT) arbitral panel declared that provisions of the U.S. Marine Mammal Protection Act (MMPA) were contrary to existing GATT rules. Although the panel's decision had several distinct legal elements, the crux of the dispute brought by the government of Mexico-and the basis of the panel's decision-was the U.S. executive's mandate to ban the importation of certain tuna caught by a fishing technique …

Better Regulations: The National Performance Review's Regulatory Reform Recommendations, Jeffrey Lubbers

Articles in Law Reviews & Other Academic Journals

No abstract provided.