We analyze the conditions under which a legal intervention can be compared to a regulatory framework in the context of a political economy model of environmental policy. The first part of the paper describes the characteristics of the different instruments we want to compare: first, an...

While state-level environmental policies are relatively well known and researched as complements to and gap-fillers for federal environmental policy in the U.S., a level of government below that — cities — remains less well-charted territory. Considering the prominence of urbanization in...

In the realm of environmental policy instrument choice, there is great divergence between the recommendations of normative economic theory and positive political reality. Four gaps stand out. First, despite the advantages of market-based policy instruments, they have been used to a minor degree,...

This Article challenges the influential claim that primary responsibility for environmental regulation should be assigned to the federal government because public choice pathologies cause systematic underrepresentation of environmental interests at the state level. The Article first disputes the...

We consider a model of polluting firms subject to tax on emissions, monitoring, and penalties in case of underreporting and which face a choice between a more expensive clean and a less expensive dirty technology. Moreover, emissions are subject to random events.We show that the optimal...

We analyze a model where firms chose a production technology which, together with some random event, determines the final emission level. We consider the coexistence of two alternative technologies: a "clean" technology, and a "dirty" technology. The environmental regulation is based on taxes...

This article suggests that were federal environmental regulators to view themselves as human rights decisionmakers, we might well see a new kind of regulatory decisionmaking emerge — one not only more responsive and transparent, but also more likely to enjoy the trust of the American public....

This is an introduction to the special issue on environmental laws and sustainability of the on-line peer review journal, Sustainability. In this introduction, we attempt to synthesize key lessons from the issue’s ten substantive articles. These lessons involve the use of law to achieve...

The essence of a conservation easement as a static perpetual restriction is coming to a head with the understanding that the world is a changing place. This demonstration is nowhere more dramatic than in the context of global climate change. In response to this conflict, users of conservation...

In recent years, it has become increasingly clear that China’s rapid economic development has come at a significant environmental cost. Pollution problems are now a source of serious public concern, at times even social unrest. The government has responded with an ambitious reform program that...