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Full-Text Articles in Law
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
The Green Development Movement: Smart Growth With A Green Label, Patricia E. Salkin
Scholarly Works
No abstract provided.
Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen
Promoting Pragmatic Risk Regulation: Is Enforcement Discretion The Answer?, Clifford Rechtschaffen
Publications
Over the past decade and more, there has been a sustained attack on our nation's approach for regulating environmental, health and safety risk. Critics have argued that the current system is inefficient, irrational, and overly rigid and have proposed a raft of solutions for improving our regulatory approach, most prominently greater reliance on cost-benefit analysis. In Risk Regulation at Risk: Restoring A Pragmatic Approach, Professors Sidney Shapiro and Robert Glicksman offer a strong, coherent defense for our current system for environmental, health and safety regulation based on the long-standing philosophical tradition of pragmatism. Their book persuasively documents how risk-based statutes …
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Harnessing The Treaty Power In Support Of Environmental Regulation Of Activities That Don't "Substantially Affect Interstate Commerce", Katrina Fischer Kuh
Elisabeth Haub School of Law Faculty Publications
This Article proposes a framework for applying the treaty power that would accomplish the goal of environmental regulation. This framework would be applied where the President has signed, and Congress has ratified, a treaty and Congress has enacted domestic legislation in some way satisfying the goals or requirements of the treaty. Under this framework, the inquiry into whether the treaty power could appropriately be used by Congress in excess of its Article I, Commerce Clause powers would be indexed to the strength of (1) the contract-like nexus between the necessarily reciprocal requirements and the goals of the treaty and the …
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr
Environmental Regulation, Energy, And Market Entry, Richard J. Pierce Jr
GW Law Faculty Publications & Other Works
As my contribution to a symposium, I was asked to identify and to discuss conflicts between environmental regulation and pursuit of the goals of national energy policy. I identify three contexts in which I see clear conflicts between environmental regulation and energy policy - gasoline production, importation of liquefied natural gas, and transmission of electricity. In each case, I conclude that the conflict is attributable to state and local regulations. In the case of the gasoline market, I conclude that the market is beginning to perform poorly because of a combination of state land use regulations that make it impossible …
The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant
The Epa's Risky Reasoning, Cary Coglianese, Gary E. Marchant
All Faculty Scholarship
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 …