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2020

Administrative Law

William & Mary Environmental Law and Policy Review

Cost Benefit Analysis

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Full-Text Articles in Law

The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges May 2020

The Politics Of Cost-Benefit Analysis: A Risky Bet For Environmental Law And Policy In Brazil, Julio Borges

William & Mary Environmental Law and Policy Review

Seeking to disseminate cost-benefit analysis as part of a global agenda of reforms on regulatory policy, the Organization for Economic Cooperation and Development (“OECD”) has advocated this economic tool to all its member countries. A key partner of that international organization since 2007, Brazil officially sought in 2017 to be a permanent OECD member, which means accepting orientation from that organization on policy reforms, namely regulatory policy. This Article disagrees with OECD’s recommendation because traditional cost-benefit analysis has been technically flawed and politically biased towards a deregulatory agenda. The purpose of this Article, therefore, is to analyze the potential impacts …


Evaluating The Effects Of Fossil Fuel Supply Projects On Greenhouse Gas Emissions And Climate Change Under Nepa, Michael Burger, Jessica Wentz May 2020

Evaluating The Effects Of Fossil Fuel Supply Projects On Greenhouse Gas Emissions And Climate Change Under Nepa, Michael Burger, Jessica Wentz

William & Mary Environmental Law and Policy Review

Despite the high certainty of our looming climate catastrophe, fossil fuel production and consumption, and the greenhouse gas emissions that result, are increasing. In the United States, fossil fuel production reached record levels in 2018, and oil and gas pipelines are being constructed at an unprecedented pace. The National Environmental Policy Act (“NEPA”) provides the legal framework for the federal government to evaluate the climate impacts of these supply projects, such as leasing public lands and approving pipelines and export terminals. Yet, while federal agencies have begun to analyze how such projects impact climate change there are major inconsistencies in …