Reasons for the joint use of ex ante regulation and ex post liability to cope with environmental accidents have been a longstanding issue in law and economics literature. This article, which includes the first empirical study of the French environmental legal system, analyzes courts’ decisions...

The key question in this paper is to determine whether regulation and regulators information can help solving causal uncertainty problems in liability. A widely held view among Law & Economics scholars is that civil liability alone is not well-suited to cope with environmental accidents,...

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...

The Clean Air Act (CAA) includes enforcement provisions by which violators of the Act can be held civilly liable for penalties. When federal agencies violate the CAA, however, the Constitution and the sovereign immunity doctrine serve as obstacles to civil enforcement. Federal agencies contend...

This article analyzes the American Clean Energy and Security Act under international environmental law and standards. The Act requires that importers pay a fee if certain requirements regarding the country and sector are satisfied. The article presents general difficulties with enforcing...

This article reviews the economics literature on monitoring and enforcement of environmental policy. In the last few years there has been a rapid growth in both theoretical developments and empirical studies of monitoring and enforcement. Various factors have contributed to this growth,...

This article reviews the economics literature on monitoring and enforcement of environmental policy. In the last few years there has been a rapid growth in both theoretical developments and empirical studies of monitoring and enforcement. Various factors have contributed to this growth,...

In this paper, we argue that the joint use of ex-ante regulation and ex-post liability rules is efficient when there are uncertainty surrounding causal investigations and regulatory myopia. As these conditions are generally met in environmental cases, we provide an explanation for the frequent...

Environmental law does not necessarily promote innovations that lead to drastic improvement of environmental performance (eco-innovations). The focus of EU environmental law on best available techniques is exemplary. Businesses often complain that environmental law hampers innovation, even...

This article starts with the recommendations of UN Economic and Social Council recommendation to have a conference. Accordingly UN General Assembly held a conference on Human Environment in Stockholm in 1972. Prior to the Conference India had Wild Life Protection Act. After the conference...