Over the last decade, market-based incentives have become the regulatory tool of choice when trying to solve difficult environmental problems. Evidence of their dominance can be seen in recent proposals for addressing global warming (through an emissions trading scheme in the Kyoto Protocol) and for amending the Clean Air Act (to add a new emissions trading systems for smog precursors and mercury--the Bush administration's "Clear Skies" program). They are widely viewed as more efficient than traditional command and control regulation. This collection of essays takes a critical look at this question, and evaluates whether the promises of market-based regulation have been fulfilled. Contributors put forth the ideas that few regulatory instruments are actually purely market-based, or purely prescriptive, and that both approaches can be systematically undermined by insufficiently careful design and by failures of monitoring and enforcement. All in all, the essays recommend future research that no longer pits one kind of approach against the other, but instead examines their interaction and compatibility. This book should appeal to academics in environmental economics and law, along with policymakers in government agencies and advocates in non-governmental organizations.

Moving to Markets in Environmental Regulation: Lessons from Twenty Years of Experience

Business & Money

Freeman, Jody

Kolstad, Charles D.

Economics

Oxford University Press

Since the first edition appeared over twenty years ago, this book has been a leader in the field. It covers all of the major federal environmental statutes, while introducing students to important overarching themes. Particular attention is given to the proper role of cost-benefit analysis, the appropriate judicial role in reviewing agency decisions, and the impact of constitutional decisions relating to federalism, standing, and takings. The Sixth Edition adds a greater emphasis on regulatory "reinvention" proposals and provides user-friendly overviews of the statutory frameworks. The revised introductory chapter provides a thorough grounding in theories of environmental regulation. The new edition also contains a completely new chapter on air pollution, featuring analysis of the Supreme Court's blockbuster decision in American Trucking on the role of cost in setting air standards and an explanation of the Bush Administration's initiatives. A new chapter on water pollution probes the "end of pipe" approach to water pollution for point sources and analyzes recent efforts to force states to address non-point source pollution. In short, the book provides students with a thorough understanding of existing regulatory schemes as well as insight into current policy controversies.

Cases and Materials on Environmental Law

Farber, Daniel A.

Findley, Roger W.

Freeman, Jody L.

Environmental & Natural Resources Law

West Group

The Eighth Edition provides up-to-date treatment of climate change issues. This classic casebook provides students with a thorough understanding of all major federal environmental regulatory schemes as well as insight into current policy controversies. Particular attention is given to the proper role of cost-benefit analysis, the appropriate judicial role in reviewing agency decisions, and the impact of constitutional decisions relating to federalism, standing, and takings. It also covers the latest Supreme Court cases on subjects from Superfund to water pollution, as well as the major regulatory changes in the first year of the Obama Administration.

Farber, Freeman and Carlson's Cases and Materials on Environmental Law, 8th (American Casebook Series)

Farber, Daniel

Carlson, Ann

West Academic Publishing

Administrative Law integrates doctrinal analysis and procedural rules with substantive policy areas to encourage students to see the relevance of administrative law in policy and contemporary politics. Eminently readable introductions, transitional text, and Notes and Questions;coupled with the authors; engaging approach;have made this casebook a favorite with students and professors. New co-author Jody Freeman ushers in the Sixth Edition with new materials on cooperative regulatory structures and alternative regulatory procedures. A host of updates include the separation of powers decision in Free Enterprise Fund; the global warming case, Massachusetts v. EPA ; updated coverage of the Chevron doctrine; and enhanced coverage of arbitrary, capricious review. Features of a classic in its field: <ul>
<li> outstanding authorship;all authors are luminaries in administrative law and related fields </li> <li> accessible approach that puts doctrinal analysis and procedural rules in real-world perspective and context </li> <li> concentrated attention on the policy and political context of administrative decision making </li> <li> selected provisions from the Constitution of the United States and the Administrative Procedure Act, plus related provisions, in the Appendix </li> An exciting revision with a highly regarded new co-author, the Sixth Edition brings: <ul>
<li> Free Enterprise Fund v. Public Company Accounting Oversight Board (appointment and removal of board members) </li> <li> updates throughout, including Notice of Proposed Rulemaking, standing, cooperative regulatory structures, the Chevron doctrine, preemption, and more </li> </ul>
</ul>

Administrative Law: Cases and Materials (Aspen Casebook Series)

Beermann, Jack M.

Cass, Ronald A.

Diver, Colin S.

Administrative Law

Wolters Kluwer Law and Business

Administrative Law integrates doctrinal analysis and procedural rules with substantive policy areas to encourage students to see the relevance of administrative law in policy and contemporary politics. Eminently readable introductions, transitional text, and Notes and Questions coupled with the authors engaging approach have made this casebook a favorite with students and professors. New co-author Jody Freeman ushers in the Sixth Edition with new materials on cooperative regulatory structures and alternative regulatory procedures. A host of updates include the separation of powers decision in Free Enterprise Fund; the global warming case, Massachusetts v. EPA ; updated coverage of the Chevron doctrine; and enhanced coverage of arbitrary, capricious review. Features of a classic in its field: <ul>
<li>
outstanding authorship all authors are luminaries in administrative law and related fields</li> <li>
accessible approach that puts doctrinal analysis and procedural rules in real-world perspective and context</li> <li>
concentrated attention on the policy and political context of administrative decisionmaking</li> <li>
selected provisions from the Constitution of the United States and the Administrative Procedure Act, plus related provisions, in the Appendix</li> <li>
comprehensive Teacher s Manual that presents a variety of approaches and insights for teaching An exciting revision with a highly regarded new co-author, the Sixth Edition brings:</li> </ul>
An exciting revision with a highly regarded new co-author, the Sixth Edition brings: <ul>
<li>
Free Enterprise Fund v. Public Company Accounting Oversight Board (appointment and removal of board members)</li> <li>
updates throughout, including Notice of Proposed Rulemaking, standing, cooperative regulatory structures, the Chevron doctrine, preemption, and more</li> </ul>

Legal Education

Wolters Kluwer/Law & Business

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