This article defines the precautionary principle (PP) primarily based on what it is not: it is not quantitative cost-benefit analysis (CBA) or cost-cost analysis of the sort we associate with the Office of Management and Budget in the United States and U.S. policymaking and policy discourse...

The lead crisis in Flint, Michigan has captivated the nation, prompting calls for reform. Even so, the discourse surrounding Flint’s aftermath has been surprisingly unimaginative. In this Essay, we conceptualize Flint as an archetypical case of underenforcement — that is, a denial of the...

The United States faces a critical moment in environmental regulation. As tens of thousands of new unconventional, hydraulically fractured oil and gas wells spring up around the United States, we face a long-term threat of significant soil and water contamination. The current patchwork of state...

In the proposed Clean Power Rule, EPA was required to allocate the burden of reducing carbon emissions from electricity production among the States. EPA chose a novel approach that is quite different from that adopted in Kyoto or the EU — what we call a “Switching Costs” approach. Under...

The United States faces a critical moment in environmental regulation. As tens of thousands of new unconventional, hydraulically fractured oil and gas wells spring up around the United States, we face a long-term threat of significant soil and water contamination. The current patchwork of state...

The functioning of a regulatory regime often turns on what is defined to be included in the scope of regulation and what is defined to be outside. In constructing the definitions of what is regulated, two key challenges are to align the definitions with the risks that motivated the establishment...