On September 30, 2016, the U.S. Commission on Civil Rights published a report entitled "Environmental Justice: Examining the Environmental Protection Agency's Compliance and Enforcement of Title VI and Executive Order 12,898." This Dissenting Statement, written by Commissioner Gail Heriot, was...

Whether command-control environmental regulation can play a positive role in circumstances of imperfect market incentive-based environmental regulation remains rarely explored. Using the difference-in-difference model, we find that command-control environmental regulation can significantly...

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...

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....

The Information Economy produces a host of new injuries to personal privacy. These include damage from data mining, data spills, identity theft, the tracking of online activity, and spam. Policymakers are currently searching for a framework with which to think about the governance of these...

In this article, Professor Kaswan considers the sometimes-tense intersection between environmentalism and the environmental justice movement. Professor Kaswan first establishes a framework for evaluating the newly-emerging environmental justice movement, identifying its primary distributive and...

In recent years, one of the most salient aspects of environmentalism has been the environmental justice movement and its complaints of discrimination against the poor and racial minorities in the administration and enforcement of the nation's environmental laws. One of the most severe criticisms...

This paper provides an economic perspective of environmental law and policy with regard to both normative and positive dimensions. It begins with an examination of the central problem in environmental regulation: the tendency of pollution generators in an unconstrained market economy to...

Environmental law and psychology uses research on the internal workings of the human mind—including on emotion, motivation, and cognition—to understand how people perceive, process, and attach value to the external natural environment, and to inform, explain, and improve how environmental...

A major problem with the current environmental regulatory regime is that it does not provide a reliable process for determining or discovering either the optimal amount of pollution or the most efficient means for achieving the selected level of pollution. This Article explains how the common...