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Full-Text Articles in Law

Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen Sep 2003

Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen

All Faculty Scholarship

In the late 1990s, the U.S. Environmental Protection Agency (EPA) conducted what the agency considered to be a "bold experiment" in regulatory reinvention, bringing representatives from six industrial sectors together with government officials and NGO representatives to forge a consensus on innovations in public policy and business practices. This paper assesses the impact of the agency's "experiment" - called the Common Sense Initiative (CSI) - in terms of the agency's goals of improving regulatory performance and technological innovation. Based on a review of CSI projects across all six sectors, the paper shows how EPA achieved, at best, quite modest accomplishments. …


The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison Apr 2003

The Aftermath Of Sweet Home Chapter: Modification Of Wildlife Habitat As A Prohibited Taking In Violation Of The Endangered Species Act, Steven A.G. Davison

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No abstract provided.


Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock Mar 2003

Slouching Toward Eden: The Eco-Pragmatic Challenges Of Ecosystem Revival, In Symposium, The Pragmatic Ecologist: Environmental Protection As Jurisdynamic Experience, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison Jan 2003

Standing To Sue In Citizen Suits Against Air And Water Polluters Under Friends Of The Earth, Inc. V. Laidlaw Environmental Services (Toc), Inc., Steven A.G. Davison

All Faculty Scholarship

No abstract provided.


Performance-Based Regulation: Prospects And Limitations In Health, Safety And Environmental Protection, Cary Coglianese, Jennifer Nash Jan 2003

Performance-Based Regulation: Prospects And Limitations In Health, Safety And Environmental Protection, Cary Coglianese, Jennifer Nash

All Faculty Scholarship

Regulation aims to improve the performance of individual and organizational behavior in ways that reduce social harms, whether by improving industry's environmental performance, increasing the safety of transportation systems, or reducing workplace risk. With this in mind, the phrase "performance-based regulation" might seem a bit redundant, since all regulation should aim to improve performance in ways that advance social goals. Yet regulators can direct those they govern to improve their performance in at least two basic ways. They can prescribe exactly what actions regulated entities must take to improve their performance. Or they can incorporate the regulation's goal into the …