Deciding whether to regulate involves more than making a choice between complete freedom and total control. Individuals and businesses can be regulated but still retain considerable discretion – even to the point of selecting on their own the rules that apply to themselves. In this paper, we...

Government regulators have shown considerable interest in encouraging businesses to participate in voluntary environmental programs and practice environmental stewardship in ways that go beyond what regulations require. At the same time, researchers have increasingly worked to understand how...

“Flexible regulation” might sound like an oxymoron but it has become a widely accepted catch phrase for a pragmatic approach to regulation that promises the achievement of important public policy objectives at relatively low cost. Given the growing interest in flexible regulation in recent...

The U.S. Environmental Protection Agency (EPA) has established numerous voluntary environmental programs over the last fifteen years, seeking to encourage businesses to make environmental progress beyond what current law requires them to achieve. EPA aims to induce beyond-compliance behavior by...

In this thoughtful and intricate cross-disciplinary debate, Professors Eric W. Orts, of Penn's Wharton School, and Cary Coglianese, of Penn's Law School, discuss the benefits and disadvantages of collaborative public policy decision making in the environmental context. It is no exaggeration to...

Regulators need to rely on science to understand problems and predict the consequences of regulatory actions, but over reliance on science can actually contribute to, or at least deflect attention from, incoherent policymaking. In this article, we explore the problems with using science to...

Cass Sunstein, Daniel Kahneman, David Schkade, and Ilana Ritov have recently advanced a cognitive explanation for incoherence in legal decisionmaking, showing how decision makers tend to make micro-level judgments that make little sense when viewed from a broader perspective. Among other things,...

Regulatory policy has long been a source of controversy, eliciting criticism and calls for reform from virtually all quarters. In recent years, reform proposals have typically sought to restructure the institutional environment of regulatory policymaking by changing administrative law and...

As much as environmental problems manifest themselves as problems with the natural environment, environmental problems — and their solutions — are ultimately social and behavioral in nature. Just as the natural sciences provide a basis for understanding the need for environmental policy and...

Techno-optimists advocate the application of information technology to the rulemaking process as a means of advancing strong democracy - that is, direct, broad-based citizen involvement in regulatory policy making. In this paper, I show that such optimism is unfounded given the obstacles to...