Many regulatory agencies have authority to promptly protect against grave dangers—so long as the danger is not too grave, according to recent Supreme Court jurisprudence. Agencies are often delegated emergency authority to address risks rapidly, though temporarily, to protect the public from...

This Article evaluates judicial review of agency benefit-cost analysis ("BCA") by examining a substantial sample of thirty-eight judicial decisions on agency actions that implicate BCA. Essentially, the Administrative Procedure Act tasks federal courts with ensuring that federal agency action is...

The Consumer Product Safety Commission’s regulation of disposable lighters was targeted at preventing injuries due to use of lighters by children not over 4 years of age. Based on a difference-in-differences analysis of national data for 1990-2019, this article estimates that the regulation...

The considerable literature on the value of a statistical life (VSL) documents the wage-mortality risk tradeoffs for the working population. Regulatory analyses often must monetize risks to populations at the tails of the age distribution. Because of the longer life expectancy for children,...

The most enduring measure of how individuals make personal decisions affecting their health and safety is the compensating wage differential for job safety risk revealed in the labor market via hedonic equilibrium outcomes. The decisions in turn reveal the value of a statistical life (VSL), the...

Catastrophic risks differ in terms of their natural or human origins, their possible amplification by human behaviors, and the relationships between those who create the risks and those who suffer the losses. Given their disparate anatomies, catastrophic risks generally require tailored...

This paper reports the stated preference values for reducing the morbidity risks from drinking water estimated using a nationally representative U.S. sample of 3,585 households. Based on the average annual gastrointestinal (GI) illness risk in the U.S. from drinking water of about 5 illnesses...

The U.S. Environmental Protection Agency (EPA) has been the target of two recent controversies involving the devaluation of life - the 2003 use of a senior discount for the value of statistical life for those over age 65 and the 2008 downward reassessment of the value of statistical life by the...