This article discusses EPA’s program to control fine particulate (PM2.5) emissions in areas that fail to meet the National Ambient Air Quality Standards (NAAQS). It covers the sources and health effects of both direct emissions of particulate matter and secondary emissions that are transformed...

This chapter briefly describes the use and usefulness of behavioral and psychological instruments in environmental regulation. Behavioral instruments — tools for regulating behavior that build on empirical research about how people actually behave — can contribute to environmental law in at...

This paper deconstructs the relationship between harm and pollution, and argues that understanding this relationship creates valuable opportunities for improving environmental policy by minimizing or even eliminating the harm from some pollutants, even when reducing the total amount of pollution...

Recent litigation seeking damages for the environmental and economic effects of global warming is targeting alleged producers of anthropogenic, atmospheric carbon dioxide. These defendants will inevitably seek coverage for the costs of litigation and any resulting judgments under their...

We consider a model of polluting firms subject to tax on emissions, monitoring, and penalties in case of underreporting and which face a choice between a more expensive clean and a less expensive dirty technology. Moreover, emissions are subject to random events.We show that the optimal...

This article inputs into a research project on the law's approach to geophysical phenomena of full movement – full movement that is produced by man but which man is unable to control. The concept of full movement beyond control can be illustrated in several domains. The more specific areas of...

Under the Clean Air Act, the U.S Environmental Protection Agency (EPA) is required to determine the stringency of the National Ambient Air Quality Standards (NAAQS), arguably the most important federal environmental program, without considering the costs of achieving these standards. Instead, it...

We analyze a model where firms chose a production technology which, together with some random event, determines the final emission level. We consider the coexistence of two alternative technologies: a "clean" technology, and a "dirty" technology. The environmental regulation is based on taxes...

This white paper starts from the recognition that the value of the regulatory system cannot be captured in a single number or metric, such as the concept of net benefits often touted by conservative economists. Instead, one must look at a more complex mosaic of evidence. When compiled and...

This article surveys contemporary issues in defining and protecting the environment. It stresses the continuing relevance of common law methodology and doctrine. It reviews the development and imprecision of the term "environment," together with the influence of various philosophical and...