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Full-Text Articles in Law
Conservative Principles For Environmental Reform,, Jonathan H. Adler
Conservative Principles For Environmental Reform,, Jonathan H. Adler
Faculty Publications
Major environmental policy reform is long overdue. The current regulatory architecture was erected in the 1970s. Since then meaningful reforms have been few and far between. A few reforms and regulatory expansions were adopted in the 1980s, and Congress enacted significant reforms to the Clean Air Act in 1990. Only the most minor environmental bills have been enacted since then.
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Business, The Environment, And The Roberts Court: A Preliminary Assessment, Jonathan H. Adler
Faculty Publications
The Roberts Court has developed a reputation for being a "pro-business" court. This article, prepared for the 29 Santa Clara Law Review symposium on "Big Business and the Roberts Court," seeks to offer a preliminary assessment of this claim with reference to the Roberts Court's decisions in environmental cases. Reviewing the environmental law decisions of the Roberts Court to date reveals no evidence of a "pro-business" bias. This does not disprove the claim that the Roberts Court is pro-business, but it may suggest the need to refine conventional descriptions of the Roberts Court. The lack of a pro-business orientation in …
Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler
Taking Property Rights Seriously: The Case Of Climate Change, Jonathan H. Adler
Faculty Publications
The dominant approach to environmental policy endorsed by conservative and libertarian policy thinkers, so-called "free market environmentalism" (FME), is grounded in the recognition and protection of property rights in environmental resources. Despite this normative commitment to property rights, most self-described advocates of FME adopt a utilitarian, welfare-maximization, approach to climate change policy, arguing that the costs of mitigation measures could outweigh the costs of climate change itself. Yet even if anthropogenic climate change is decidedly less than catastrophic - indeed, even if it net beneficial to the globe as whole - human-induced climate change is likely to contribute to environmental …