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Public Interest Comment on the Council on Environmental Quality’s Advance Notice of Proposed Rulemaking : Update to the Regulations for Implementing the Procedural Provisions of the National Environmental Policy Act

Febrizio, Mark - 2020

This comment makes recommendations for how the Council on Environmental Quality (CEQ) could improve its data collection methods, how to use those data to enhance retrospective review of National Environmental Policy Act (NEPA) regulations, and how to align its procedural provisions for...

Persistent link: https://www.econbiz.de/10012851551

Privacy, Public Goods and the Tragedy of the Trust Commons : A Response to Professors Fairfield and Engel

Hirsch, Dennis D. - 2019

User trust is an essential resource for the information economy. Without it, people will share less of their personal information and the digital economy will falter. Companies that use personal information do not protect this resource sufficiently. Instead, many take advantage of it for...

Persistent link: https://www.econbiz.de/10014127295

An Environmental Competition Statute

Driesen, David M. - 2014

This chapter from a forthcoming Cambridge Press book, Beyond Environmental Law, proposes emulating free market dynamics with a new regulatory instrument, the Environmental Competition Statute. This statute would authorize any polluter making a pollution reduction to require a dirtier competitor...

Persistent link: https://www.econbiz.de/10012750893

Economics-Based Environmentalism in the Fourth Generation of Environmental Law

Kochan, Donald J. - 2016

prove the existence of market failure and the exhaustion of economic alternatives to governmental regulation before being … allowed to proceed with any top-down, interventionist governmental regulation. The last portion of the article focuses on … models of legislation and regulation, and capture theory as barriers to any effective reform in the emerging fourth …

Persistent link: https://www.econbiz.de/10014144318

Negative Environmental Sovereignty in the Third World : A Twail Analysis of ICSID's Disregard for Environmental Justice in the South

Hippolyte, Antonius Rickson - 2012

Environmental justice is a notion coined in the U.S. in an attempt to protect the environments of minorities whose neighbourhoods had been used to store hazardous waste. Attempts have been made to evolve this concept on a global scale to protect the environments of periphery nations around the...

Persistent link: https://www.econbiz.de/10013102571

What Ever Happened to Canadian Environmental Law?

Wood, Stepan; Tanner, Georgia; Richardson, Benjamin J. - 2011

This Article examines the history of Canadian environmental law in order to explain why it has become a laggard in both legal reform and environmental performance. Canadian environmental law has long been of interest to scholars worldwide, yet its record is often poorly understood. The Article...

Persistent link: https://www.econbiz.de/10014195835

Environmental Law and Economics

Livermore, Michael A.; Revesz, Richard L. - 2014

regulation has brought a great deal of attention to the question of how to discount benefits that accrue into the far future and … availing themselves of whatever argument will better promote their preferences concerning the stringency of regulation …

Persistent link: https://www.econbiz.de/10014037673

Human Rights and Environmental Regulation

Bratspies, Rebecca M. - 2011

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....

Persistent link: https://www.econbiz.de/10014181334

The Environmental Emergency and the Legality of Discretion in Environmental Law

Stacey, Jocelyn - 2015

This article argues that environmental issues confront us as an ongoing emergency. The epistemic features of serious environmental issues – the fact that we cannot reliably distinguish ex ante between benign policy choices and choices that may lead to environmental catastrophe – are the same...

Persistent link: https://www.econbiz.de/10014134999

Will the Means Justify the End of Environmental Law? Environmental Law Must Undergo Reasoned Legislative Debate

Flatt, Victor Byers - 2019

As we examine the course of environmental laws in this country, the pressures on existing laws and what ends we should be aiming for in the future, it is necessary to explore the animating policy decisions and innovations of these laws. But we also must be courageous enough to openly debate the...

Persistent link: https://www.econbiz.de/10014107771