August 20, 2005
John Bonine of Oregon -- who always has great questions -- offered a list of biggest ideas in Environmental Law over the summer on ENVLAWPROFESSORS and solicited additions. So far, here's the first draft of our collective wisdom:
- attorneys fees - (environmental plaintiff friendly rules)
- biodiversity preservation
- citizen suits
- cost/benefit analysis
- cost/benefit balancing as pollution standard setting approach (as well as health/environmental quality and technology based models)
- ecologically sustainable development
- economic incentives approaches
- ecosystem services
- ecosystem management (indicator species or other)
- environmental impact assessment
- free market environmentalism (not the same as 4 or 6)
- information strategies (e.g. TRI)
- injunctions - relaxed standard
- polluter pays principle
- precautionary principle
- preservation of wild and lonely places
- public participation/citizen democracy
- public trust doctrine
- risk assessment (similar to 4, but different)
- standing - relaxed standard for judicial review of administrative action
- strict or absolute liability
- technology forcing approaches to regulation
Feel free to add others!
August 17, 2005
Evolutionary Economics: Perverse Incentives - Incentives Can Reduce Good Behavior
Just when economists had us convinced....
Excerpted Abstract: Rewards or punishments (whether material or image-related) create doubt about the true motive for which good deeds are performed and this "overjustification effect" can induce a partial or even net crowding out of prosocial behavior by extrinsic incentives. In some settings, disclosing one’s generosity may backfire. Finally, we analyze the choice by public and private sponsors of incentive levels, their degree of confidentiality and the publicity given to agents’ behavior. Sponsor competition is shown to potentially reduce social welfare.
Frivilous SLAPP suit costs firm $ 267,000
On Monday, August 15, a judge sanctioned lawyers who filed a RICO suit against a community activist and three Forest Service employees opposing a luxury condominium project. The lawyers were fined $267,000 for filing the frivilous SLAPP suit on behalf of the developer.Link: Los Angeles Times: Law Firm Sanctioned for Forest Service Suit.
GAO: EPA Has Failed to Protect Environment from Failed Businesses<>
GAO has issued a report faulting EPA, among other things, for failing to require businesses to provide financial assurances that they are able to clean up environmental contamination caused by their use of hazardous substances. GAO claims that EPA had a duty to issue financial assurance regulations under CERCLA § 108(b).
GAO Report Highlights
Full GAO Report
August 15, 2005
Reducing the Stink?
Animal feeding operations have argued that the Clean Air Act did not apply, that there are no sound methodologies for measuring their emissions, and that there are no cost effective technologies for reducing emission. However, over 2000 dairy, feedlot, and similar livestock operations have now signed EPAs air quality compliance agreement for animal feeding operations. The operations pay a relatively small penalty and emission monitoring study fee while making their operations available for monitoring so that standardized emissions monitoring methodologies can be developed and agreeing to install LAER/BACT if they are major sources. Link: Animal Feeding Operations Air Quality Compliance Agreement .
Environmental Article Hit Parade
Link: SSRN Top Downloads.
1 249 hits Chevron Step Zero
Cass R. Sunstein, U. Chicago
2 53 hits Sustainable Development and
Private Global Governance
Douglas A. Kysar, Cornell
3 50 hits The Scope of Regulatory Bargaining
Jim Rossi, Florida State
4 47 hits The Accidental Environmentalist: Judge Posner on Catastrophic Thinking
Lisa Heinzerling, Georgetown
5 45 hits Political Institutions, Judicial Review, and Private Property: A Comparative Institutional Analysis
Daniel H. Cole, Indiana
6 40 hits Governance of International Institutions: A Review of the North American Commission for Environmental Cooperation's Citizen Submissions
David L. Markell, Florida State
7 36 hits Operational versus Rhetorical Sustainability: Conflicting Goals, Values and Functions
David Barnhizer, Cleveland-Marshall
8 35 hits Mustering the Missing Voices: A Collaborative Model for Fostering Equality, Community Involvement and Adaptive Planning in Land Use Decisions II Alejandro E. Camacho, Notre Dame
9 33 hits Mustering the Missing Voices I
Alejandro E. Camacho, Notre Dame
10 25 hits Lucas's Unlikely Legacy: The Rise of Background Principles As Categorical Takings Defenses
Michael C. Blumm, Lucus Ritchie, Lewis and Clark