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Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Risk, Uncertainty And Precaution: Lessons From The History Of Us Environmental Law, Robert V. Percival
Faculty Scholarship
Globalization and expanding world trade are creating new pressures to harmonize environmental standards. Countries increasingly are borrowing legal and regulatory policy innovations from one another, moving toward greater harmonization of regulatory policies. Regulatory policy generally seeks to prevent harm before it occurs, but the reality is that it usually has been more reactive than precautionary, responding only after harm has become manifest. As regulators seek to improve their responses to new and emerging environmental risks, it is useful to consider what lessons can be learned from past experience with regulatory policy. This chapter reviews controversies over regulatory policy through the …
Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton
Us Federal Climate Change Law In Obama’S Second Term, Michael B. Gerrard, Shelley Welton
Faculty Scholarship
This commentary details the United States’ progress in advancing climate change law since President Barrack Obama’s re-election in 2012, in spite of congressional dysfunction and opposition. It describes how the Obama administration is building upon earlier regulatory efforts by using existing statutory authority to regulate greenhouse gas emissions from both new and existing power plants. It also explains the important role the judiciary has played in facilitating more robust executive actions, while at the same time courts have rejected citizen efforts to force judicial remedies for the problem of climate change. Finally, it suggests some reasons why climate change has …