Embedded within the structure of much American environmental regulation is a distinction between the new and the existing. This distinction reflects a recurrent political challenge for environmental policymakers: whether and how to mitigate regulatory burdens when policy change upsets settled...

Government agencies and officials are regularly criticized for selling public assets at a loss. Such criticisms arise in a host of contexts, ranging from sales of real estate and natural resources to sales involving intangibles, such as the right to broadcast over the airwaves or to operate a...

A great deal of environmental law, encompassing a wide variety of regulatory approaches, addresses physical or spatial spillovers. But spillovers can cross temporal boundaries as well as physical ones. The paper explores uses of land that deliver present benefits but entail residual risks after...

Systems of political checks and balances, so prominently featured in the U.S. Constitution, are also commonly installed in statutory and regulatory regimes. Although such systems diffuse political authority and may facilitate participation and accountability, they come with a price. If...

Among the major emissions trading schemes in operation around the world, the Regional Greenhouse Gas Initiative (RGGI, or “Reggie”) stands alone: this CO2 cap-and-trade program among nine northeastern states is the only such scheme to rely primarily on auctions to distribute emissions...

This book offers an edited volume for all readers who wish to gain an in-depth grasp of the economic analysis of recent developments in energy law and policy in Europe and the United States. In response to waning resources and heightened environmental awareness, many countries are now seeking to...