Law Commons^™

Underground Environmental Regulations: Regulations Imposed As Mitigation Measures Under Ceqa Violate The California Administrative Procedure Act, Jonathan Wood

Jonathan Wood

What happens when an agency adopts a regulation under the California Environmental Quality Act as mitigation for a program’s environmental impact, without complying with the procedural requirements of the California Administrative Procedure Act? According to a recent California Court of Appeal decision – Center for Biological Diversity v. Department of Fish and Wildlife – these mitigation measures, which this article refers to as underground environmental regulations, are invalid. This article defends that interpretation and addresses its consequences for agencies and the regulated public. Although these additional procedural protections benefit regulated parties in a variety of ways, they can also burden …

Take It To The Limit: The Illegal Regulation Prohibiting The Take Of Any Threatened Species Under The Endangered Species Act, Jonathan Wood

Jonathan Wood

The Endangered Species Act forbids the “take” – any activity that adversely affects – any member of an endangered species, but only endangered species. The statute also provides for the listing of threatened species, i.e. species that may become endangered, but protects them only by requiring agencies to consider the impacts of their projects on them. Shortly after the statute was adopted, the U.S. Fish and Wildlife Service and National Marine Fisheries Service reversed Congress’ policy choice by adopting a regulation that forbids the take of any threatened species. The regulation is not authorized by the Endangered Species Act, but …

Uber Y El Consumo Colaborativo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Against Regulatory Displacement: An Institutional Analysis Of Financial Crises, Jonathan C. Lipson

Jonathan C. Lipson

This paper uses “institutional analysis”—the study of the relative capacities of markets, courts, and regulators—to make three claims about financial crises.

First, financial crises are increasingly a problem of “regulatory displacement.” Through the ad hoc rescues of 2008 and the Dodd-Frank reforms of 2010, regulators displace market and judicial processes that ordinarily prevent financial distress from becoming financial crises. Because regulators are vulnerable to capture by large financial services firms, however, they cannot address the pathologies that create crises: market concentration and complexity. Indeed, regulators may inadvertently aggravate these conditions through resolution tactics that consolidate firms, and the volume and …

Regulatory Institutions Of The Global South: Why Are They Different And What Can Be Done About It?, Yugank Goyal

Yugank Goyal

Developing countries suffer from underperforming regulatory agencies compared to those in the developed world. The paper attempts to theorize general reasons behind such divergence. It argues that the differences lie in developing countries’ (a) higher priorities for redistribution, (b) structurally different institutional endowments, especially at informal level, and (c) limited informational channels. The paper proposes that a multi-stakeholder (with increased emphasis on judiciary and civil society) approach has potential to address the shortcomings. It tests these claims through studying cases of telecom and electricity regulation in India.

Revenue Adequacy: The Good, The Bad And The Ugly, John W. Mayo

John W Mayo

Abstract: The concept of “revenue adequacy” made its way into the legal governance of the rail industry prior to the industry’s substantial deregulation via the Staggers Rail Act in 1980. This seemingly quiet feature of rail legislation has, however, increasingly grown central to the regulatory-deregulatory fault line in the 21st century rail industry. This paper examines the concept of revenue adequacy, a benchmark of United States railroad firms' financial performance calculated annually by regulatory oversight bodies. The paper addresses questions around the origins, measurement, informational provisions, value and policy benefits and costs of revenue adequacy. An examination of the historical …

The Unintended Consequences Of Safety Regulation, Sherzod Abdukadirov

Sherzod Abdukadirov

This study examines how risk trade-offs undermine safety regulations. Safety regulations often come with unintended consequences in that regulations attempting to reduce risk in one area may increase risks elsewhere. The increases in countervailing risks may even exceed the reduction in targeted risks, leading to a policy that does more harm than good. The unintended consequences could be avoided or their impacts minimized through more careful analysis, including formal risk trade-off analysis, consumer testing, and retrospective analysis. Yet agencies face strong incentives against producing better analysis; increased awareness of risk trade-offs would force agencies to make unpalatable and politically sensitive …

Has The Cftc Gone Too Far In Trying To Keep The American Economy Safe From Cross-Border Swaps?, Gabriel Lau

Gabriel Lau

With the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in 2010, the Commodity Futures Trading Commission (“CFTC”) received the daunting task regulating swap markets. Following two iterations of proposed guidance and comment periods, the CFTC released its finalized “Interpretive Guidance and Policy Statement Regarding Compliance with Certain Swap Regulations” (“Guidance”) on July 26, 2013. In the Guidance, the CFTC gives its interpretation and policy outlook for promulgating rules with respect to the regulation of cross-border swaps. This paper examines both the critiques of the Guidance, including issues of international comity and rule promulgation procedures, and …

Become A Rulemaking Ninja: Exploring The Oira Web Portal, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

Where Babies And Death-Row Inmates Intersect: Is Arbitrary Agency Decision-Making Supported Under Existing Law?, Lisa C. Blanton Bs., Mj.

Lisa C. Blanton BS., MJ.

The Food and Drug Administration (FDA) is the executive branch regulatory agency primarily responsible for protecting the nation’s drug products.^[1] The FDA recently made highly inconsistent decisions surrounding a new drug for the prevention of pre-term birth, Makena™ (hydroxyprogesterone caproate). During a lengthy approval process, FDA made laudatory public announcements and demonstrated high programmatic preference to expedite approval of Makena by assigning orphan status^[2] and granting accelerated “fast-track” approval time-frames.^[3] Despite these actions, within weeks of the approval, the FDA issued aggressive public statements against the product’s efficacy and safety and made supportive comments about a non-FDA …

Regulating For The Public Health: Perchlorate Regulation Under The Safe Drinking Water Act Exceeds Statutory Authority, Mary Jones

Mary Jones

This paper recommends rethinking the statutory framework of the Safe Drinking Water Act (SDWA) to provide a more robust rubric, to include a scientific and objective focus, for proper regulation. The SDWA is evaluated through the lens of upcoming perchlorate regulation due in February 2013.

The United States Environmental Protection Agency (EPA) regulates acceptable contaminant levels and decontamination processes for all public water systems, pursuant to statutory authority granted by the SDWA. Where the policy at work is admirable, the execution falls short.

Perchlorate occurs naturally, but also as a by-product to rocket fuel, firework, and other explosive constructions. Scientific …

Nuevo Sistema De Amparo, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

A Negative Externality By Any Other Name: Using Emissions Caps As Models For Constraining Dead-Weight Costs Of Regulation, Scott A. Shepard

Scott A. Shepard

Emissions caps work on a simple and compelling premise. Regulated entities, in the process of creating something desirable, like energy, create and expel some problematic by-product, such as carbon. They do this because they particularly reap a significant set of benefits (e.g., profits, market share, job security) from their efforts, while only diffusely and incidentally, along with the rest of society, suffering the harms caused by their emissions. These emissions, paid for primarily by the rest of society, are called negative externalities. Emissions-cap regimes are designed to make regulated entities more directly accountable for the costs of their emissions and …

Reguladores Y Autonomía, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Artículo 129 Fracción Xiii, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Global-Regulation: Drawing Future Regulatory Tools From The Experience Of The Past, Aleksandar Nikolic, Nachshon Goltz

Aleksandar Nikolic

Traditionally, theories on regulation have suggested choosing the “right” regulatory tool for a given situation of desired behavioral steering, using a broad theoretical approach of understanding the factors involved in the regulatory realm, and speculating from it toward the efficient choice. By contrast, this paper argues that creating a searchable database of regulatory case studies is better suited to help regulators find information. By searching for case studies based on the specific characteristics of the regulator's situation the regulator will be led towards finding the best regulatory solution.

Incentivos Y Más Incentivos, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Hacer (Bien) Las Reformas, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Protocolo De Madrid, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Expropiaciones, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Arreglos Institucionales De Los Órganos De Mejora Regulatoria: Una Propuesta De Reforma Para La Cofemer, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Iniciativa Anticorrupción, ¿Paso Firme?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Diseño Institucional De Órganos Reguladores En México, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Organos Reguladores En México: Fragilidades Y Áreas De Oportunidad, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Inversión Extranjera En Paquetería, Mensajería Y Transporte De Carga: ¿Resistencia O Estado De Derecho?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Fortalecer A Los Reguladores: Cambiando Las Reglas Del Juego En México (Presentación Libro), Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Fortalecer A Los Reguladores, Cambiando Las Reglas Del Juego En México, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Problemas Con La Desregulación "Base Cero", Boletín De La Red Mexicana De Competencia Y Regulación Del Cidac, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Neutral Investment Revisited, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Major Expropriation Case Decided By The Mexican Supreme Court Of Justice, The Due Process Requirement And Its Correlation With International Treaties, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.