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'. . . this volume offers valuable insights into theories of public choice and their application to public law. . . one of the benefits that the Handbook offers environmental lawyers is the opportunity to engage in an interdisciplinary scholarly exchange: to challenge and confirm claims about environmental law and environmental regulatory processes as set out in public choice theory.' - Sanja Bogojevi?, Climate Law
Explores the proper economic instruments necessary to implement environmental regulation in the context of the attempts to abate CO2 emissions. Two alternative methods for controlling emissions are studied--tradable permits and taxation--and case studies from Europe and the U.S. are examined. After applying environmental economic theory and public choice theory to the analysis of these methods, the author proposes a model that incorporates elements of both methods. Annotation copyrighted by Book News, Inc., Portland, OR
This new authoritative collection comprises previously published papers on the political economy of environmental regulation: economic analyses of the processes through which political decisions regarding environmental regulation are made, principally in the institutional context found in the United States. Despite this geographic focus, many of the papers contain analytical models that are methodologically of interest and/or have lessons that are relevant in other parts of the world. In the environmental realm, questions of political economy emerge along three fundamental dimensions, which are closely interrelated but conceptually distinct: (1) the degrees of government activity; (2) the form of government activity; and (3) the level of government that has responsibility. The first three parts of the book deal respectively with these three fundamental dimensions of inquiry. The fourth part of the book examines the use of economic analysis in contemporary environmental policy. The Political Economy of Environmental Regulation will be of significant interest to environmental scholars, students and policy makers alike. 22 articles, dating from 1975 to 2003
The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics,which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.
The first edition of Public Policies for Environmental Protection contributed significantly to the incorporation of economic analysis in the study of environmental policy. Fully revised to account for changes in the institutional, legal, and regulatory framework of environmental policy, the second edition features updated chapters on the EPA and federal regulation, air and water pollution policy, and hazardous and toxic substances. It includes entirely new chapters on market-based environmental policies, global climate change, solid waste, and, for the first time, coverage of the Safe Drinking Water Act. Portney, Stavins, and their contributors provide an invaluable resource for researchers, policymakers, industry professionals, and journalists---anyone who needs up-to-date information on U.S. environmental policy. With their careful explanation of policy alternatives, the authors provide an ideal book for students in courses about environmental economics or environmental politics.
An analysis of the economic theory of environmental policy and the factors influencing the quality of life. Recent research in environmental economics is incorporated as well as economic incentives for pollution control.
After two generations of emphasis on governmental inefficiency and the need for deregulation, we now see growing interest in the possibility of constructive governance, alongside public calls for new, smarter regulation. Yet there is a real danger that regulatory reforms will be rooted in outdated ideas. As the financial crisis has shown, neither traditional market failure models nor public choice theory, by themselves, sufficiently inform or explain our current regulatory challenges. Regulatory studies, long neglected in an atmosphere focused on deregulatory work, is in critical need of new models and theories that can guide effective policy-making. This interdisciplinary volume points the way toward the modernization of regulatory theory. Its essays by leading scholars move past predominant approaches, integrating the latest research about the interplay between human behavior, societal needs, and regulatory institutions. The book concludes by setting out a potential research agenda for the social sciences.
This book provides an introduction to the role of economics in debates on the environment. The authors examine the contribution of economics to an understanding of the emergence and persistence of environmental problems and focus on the basic concepts that can be applied to the evaluation of damage and assessment of policy options. Throughout the text, both the usefulness and the limits of economic techniques are explored. These are elaborated in the second part of the book through a number of case studies on environmental issues, both local and global.
Authoritative and trusted, Environmental Policy once again brings together top scholars to evaluate the changes and continuities in American environmental policy since the late 1960s and their implications for the twenty-first century. Students will learn to decipher the underlying trends, institutional constraints, and policy dilemmas that shape today’s environmental politics. The Tenth Edition examines how policy has changed within federal institutions and state and local governments, as well as how environmental governance affects private sector policies and practices. The book provides in-depth examinations of public policy dilemmas including fracking, food production, urban sustainability, and the viability of using market solutions to address policy challenges. Students will also develop a deeper understanding of global issues such as climate change governance, the implications of the Paris Agreement, and the role of environmental policy in the developing world. Students walk away with a measured yet hopeful evaluation of the future challenges policymakers will confront as the American environmental movement continues to affect the political process.
This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.