Law Commons^™

Environmental Protection As A Learning Experience, Daniel A. Farber

Daniel A Farber

No abstract provided.

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

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

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 …

Is The Supreme Court Irrelevant--Reflections On The Judicial Role In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.

Taking Slippage Seriously: Noncompliance And Creative Compliance In Environmental Law, Daniel A. Farber

Daniel A Farber

Environmental law is examined in light of the slippage between regulatory standards and the actual conduct of regulated parties. Two forms of slippage are identified: negative, which describes the situation where something that is legally mandated to happen fails to happen; and affirmative, which describes the situation where required standards are renegotiated rather than ignored. This concept of slippage is explored in terms of how it might inform discussions of legal doctrine, environmental policy, and environmental pedagogy. Slippage is good in the context that it can ameliorate the sometimes impractical demands found in statues, and bad in the context that …

Saving Overton Park: A Comment On Environmental Values, Daniel A. Farber

Daniel A Farber

Presents comments on an article about environmental goods. Background of incommensurability and federal environmental law; What the environmental law seems to incorporate; Overview of the incommensurability and individual choice.

Stretching The Margins: The Geographic Nexus In Environmental Law, Daniel A. Farber

Daniel A Farber

No abstract provided.

Politics And Procedure In Environmental Law, Daniel A. Farber

Daniel A Farber

Deals with a study which applied interest-group theories on environmental laws. Relationship between legislators and environmental groups; Sources of environmental legislation; Role of environmental groups in the passage of environmental legislation.

From Here To Eternity: Environmental Law And Future Generations, Daniel A. Farber

Daniel A Farber

No abstract provided.

Triangulating The Future Of Reinvention: Three Emerging Models Of Environmental Protection, Daniel A. Farber

Daniel A Farber

No abstract provided.