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Full-Text Articles in Law
General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison
General Permits Under Section 404 Of The Clean Water Act, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison
Regulation Of Emission Of Greenhouse Gases And Hazardous Air Pollutants From Motor Vehicles, Steven A.G. Davison
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No abstract provided.
The Rule Of Capture And The Economic Dynamics Of Natural Resource Use And Survival Under Open Access Management Regimes, Jason S. Johnston
The Rule Of Capture And The Economic Dynamics Of Natural Resource Use And Survival Under Open Access Management Regimes, Jason S. Johnston
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By reviewing the bioeconomic dynamics of natural resource harvest under open access/rule of capture management, this article demonstrates the falsity of the widely held contemporary view that market incentives lead to unsustainable natural resource use. The formal bioeconomic models teach that it is the relative speed of market versus natural dynamics that determines when and if open access harvest leads to resource collapse. If the rate at which harvesters exit from the harvest industry when harvests are low is rapid relative to the natural rate of growth in the harvested stock, the level of both the resource stock and harvest …
Defining "Addition" Of A Pollutant Into Navigable Waters From A Point Source Under The Clean Water Act: The Questions Answered — And Those Not Answered — By South Florida Water Management District V. Miccosukee Tribe Of Indians, Steven A.G. Davison
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No abstract provided.
The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant
The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant
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Regulators must rely on science to understand problems and predict the consequences of regulatory actions, but science by itself cannot justify public policy decisions. We review the Environmental Protection Agency's efforts to justify recent changes to its National Ambient Air Quality Standards (NAAQS) for ozone and particulate matter, showing how the agency was able to cloak its policy judgments under the guise of scientific objectivity. By doing so, the EPA evaded accountability for a shifting and incoherent set of policy positions that will have major implications for public health and the economy. For example, even though EPA claimed to base …
Selling Mayberry: Communities And Individuals In Law And Economics, Gideon Parchomovsky, Peter Siegelman
Selling Mayberry: Communities And Individuals In Law And Economics, Gideon Parchomovsky, Peter Siegelman
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The small village of Cheshire, Ohio was recently acquired in its entirety by the firm whose giant power plant, located at the edge of town, caused it serious pollution problems. Although the plant was worth substantially more than the town, this was not a simple Coasean bargain. This paper combines an ethnographic methodology with theoretical insights from law and economics to present an empirical and theoretic challenge to the standard account of nuisance disputes. We explore the transaction in detail and explain what prevented collective action and holdout problems that are usually thought to hinder bargaining with groups. Specifically, we …
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
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.
Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison
Fourth Amendment And Statutory Limitations On Entry And Inspection Of Commercial Property In Environmental Enforcement, Steven A.G. Davison
All Faculty Scholarship
No abstract provided.
The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson
The Asphalting Of America: How The Government Subsidizes Highway Pollution In The Boswash Smog Bank, James Sullivan, Kenneth Lasson
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This article discusses the problem of air and noise pollution caused by motor vehicles circa the time of the article's writing (1972), and the public interest in dealing with these problems, in the light of federal government's conflicting interest in creating more roads. Mentioned is the fact that construction of more highways seems to be the federal government's answer to traffic congestion, while another point of view is that more highways encourages a rise in the number of motor vehicles on those roads. The article ends with some suggestions for how to deal with these problems.