Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate
Book Review. National Security And Environmental Protection: The Half-Full Glass, John S. Applegate
Articles by Maurer Faculty
No abstract provided.
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Clearing The Air: Four Propositions About Property Rights And Environmental Protection, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman
When Is Command-And-Control Efficient? Institutions, Technology, And The Comparative Efficiency Of Alternative Regulatory Regimes For Environmental Protection, Daniel H. Cole, Peter Z. Grossman
Articles by Maurer Faculty
Contrary to the conventional wisdom among economists and legal scholars, command-and-control (CAC) environmental regulations are not inherently inefficient or invariably less efficient than alternative "economic" instruments (EI). In fact, CAC regimes can be and have been efficient (producing net social benefits), even more efficient in some cases that alternative EI regimes.
Standard economic accounts of CAC are insensitive to the historical, technological, and institutional contexts that can influence (and sometimes determine) the efficiency of alternative regulatory regimes. A regime that is nominally or relatively efficient in one set of circumstances may be nominally or relatively inefficient in another. In some …
Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn
Learning From Nepa: Some Guidelines For Responsible Federal Risk Legislation, John S. Applegate, Celia Campbell-Mohn
Articles by Maurer Faculty
The past three or more Congresses have seen substantial efforts to enact "risk reform" legislation that would require environmental, health, and safety regulations to be adopted following the performance of risk assessments modeled on quantitative risk assessment methods for carcinogens. While such a requirement has potentially beneficial effects on the quality of the resulting rules, there is also a substantial potential for mischief by reorienting substantive environmental, health, and safety regulation, and by introducing substantial new costs and delays into the regulatory process. This article, which is derived from a report by the authors to support an American Bar Association …