Environmental, health, and safety advocates, say Richard Revesz and Michael Livermore, have been wrongly hostile to cost-benefit analysis because of a false belief that it is biased against regulation. The bias against regulation, while real, has been the artifact of historical accident - the...

The view that intergenerational distributive justice and efficiency should be treated separately is familiar, yet controversial. This article elaborates the often-implicit justifications for separate treatment and provides a more express statement of how and when such treatment is appropriate....

This is a substantially revised, refocused, and updated version of an earlier draft paper, exploring the significant role Cost-Benefit Analysis (CBA) plays in facilitating or impeding legislative and regulatory policy decisions. The paper centers around three case studies of CBAs EPA prepared...

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...

As EPA rolls out controversial regulations on power plant emissions of greenhouse gases, a vocal group of legislators, industry groups, and legal and economic scholars are crying foul, arguing that EPA didn't “follow the rules” when it conducted its cost-benefit analyses of these...

This updated draft paper explores the significant role Regulatory Cost-Benefit Analysis (RCBA) plays in facilitating or impeding collective action. Through case studies, the paper shows that well-constructed RCBAs have (1) facilitated collective action (including in cases where explicit...

Public Comments to APA "Informal" Section 553 Rule-making are potentially very important instruments in shaping law and regulation, particularly in environmental law. However, there have been relatively few articles discussing how one should craft these comments, given the legal environment...

After several decades of improvement, water quality in the United States is getting worse, and the problem is primarily caused by run-off from non-point sources, such as farms and urban development. These non-point sources have never had regulatory mandates in the Clean Water Act, and have...

There are existing legal systems that embody planned resiliency. One of these is the “multiple-use” paradigm, which instructs resource managers to manage resources to maximize their multiple uses. Despite this built-in resiliency, the agencies charged with such management have not been able...

Sustainable food policies strive for environmental, healthy, economically just, and humane food production. Their success has ignited legal debates about the Constitution. This is not new. Iconic constitutional law cases examine sustainable food, such as meat in the Slaughter-House Cases (1873),...