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Full-Text Articles in Law
Cleaning Up Superfund, W. Kip Viscusi
Cleaning Up Superfund, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The cleanup of hazardous wastes is the number one environmental concern of the American people. The government's response: the Environmental Protection Agency (EPA) launched its Superfund program, which was established by Congress in 1980 and reformed in 1986. But, though not even two decades old, the Superfund effort is now a major target of Congress in its regulatory reform efforts. There are two main sources of dissatisfaction: First, cleanups of hazardous wastes are expensive, averaging $25.7 million per site. Superfund expenditures increased from under $400 million in 1985 to over $1.4 billion in 1995 and continue to be above the …
Regulating The Regulators, W. Kip Viscusi
Regulating The Regulators, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Since the 1970s, there has been a tremendous growth in government regulation pertaining to risk and the environment. These efforts have emerged quite legitimately because market processes alone cannot fully address risk-related concerns.' Without some kind of regulation or liability, for example, firms lack appropriate incentives to restrict their pollution. Similarly, when products or activities are extremely risky, if people are not cognizant of the risks they face, the firms generating the hazards may not have adequate incentives to issue warnings. To solve these problems, regulatory agencies have mounted a wide variety of efforts to improve the quality of the …
Malpractice And Environmental Law: Should Environmental Law "Specialists" Be Worried?, J.B. Ruhl
Malpractice And Environmental Law: Should Environmental Law "Specialists" Be Worried?, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article examines the field of environmental law as a potential minefield for malpractice claims given its complex and dynamic nature. The article outlines principles for malpractice law applied to environmental law, based on malpractice principles applied in the tax and patent fields.
The Fitness Of Law: Using Complexity Theory To Describe The Evolution Of Law And Society And Its Practical Meaning For Democracy, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article is the second in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. Building on the model outlined in the first installment (in the Duke Law Journal), this work develops an evolutionary theory of legal systems as CAS. It suggests that long-term fitness of the legal system will require use of innovative, adaptive legal institutions and instruments.
An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh
An Alternative To Ready, Fire, Aim: A New Framework To Link Environmental Targets In Environmental Law, Michael P. Vandenbergh
Vanderbilt Law School Faculty Publications
This Article begins with a brief overview of the state of the environment and the lessons learned from the early development of the command and control system. It then explores recent reform proposals and the scholarship on the democratic impact of means-based approaches. The Article next examines the new model that is emerging in the Netherlands and other countries, and identifies the critical feature of the new model: the development of context for environmental decisionmaking at each of the three levels discussed above. The Article concludes by analyzing the implications of this Framework Approach for the environmental debate and for …