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Full-Text Articles in Law
A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi
A Balanced Prescription For More Effective Environmental Regulations, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
Government agencies increasingly base the structure and approval of environmental regulations on a benefit-cost test. For regulations that pass this test, total benefits exceed total costs. Under a benefit-cost framework, the degree of regulatory stringency is set at an economically efficient level whereby the tightness of the regulation is increased up to the point where the incremental benefits equal the incremental costs. Setting regulatory standards to achieve the efficient degree of pollution control does not fully discourage entry into polluting industries, provide compensation to those harmed by pollution, or establish meaningful incentives for effective enforcement. This article proposes that the …
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program--A Catalyst For Advancing Science And Policy, J.B. Ruhl, James Salzman, Iris Goodman
Implementing The New Ecosystem Services Mandate Of The Section 404 Compensatory Mitigation Program--A Catalyst For Advancing Science And Policy, J.B. Ruhl, James Salzman, Iris Goodman
Vanderbilt Law School Faculty Publications
On April 10, 2008, the U.S. Army Corps of Engineers (Corps) and Environmental Protection Agency (EPA) jointly published final regulations defining standards and procedures for authorizing compensatory mitigation of impacts to aquatic resources the Corps permits under Section 404 of the Clean Water Act (Section 404). Prior to the rule, the Section 404 compensatory mitigation program had been administered under a mish-mash of guidances, inter-agency memoranda, and other policy documents issued over the span of 17 years. A growing tide of policy and science scholarship criticized the program's administration as not accounting for the potential redistribution of ecosystem services that …
The Metrics Of Constitutional Amendments: And Why Proposed Environmental Quality Amendments Don't Measure Up, J.B. Ruhl
Vanderbilt Law School Faculty Publications
This article builds a model of federal constitutional amendments using proposed environmental quality rights amendments as a case study. I argue that environmental quality rights amendments are unworkable and violate the underpinnings of federal constitutional design.