Foundations of Environmental Law and Policy

The Theoretical Foundations of Environmental Law. I. The Economic Perspective on Environmental Degradation. Garrett Hardin: The Tradegy of the Commons. Ronald H. Coase: The Problem of Social Cost. Notes and Questions. II. Non-Economic Perspectives on Environmental Degradation. Mark Sagoff: The Economy of the Earth: Philosophy, Law, and the Environment. Paul W. Taylor: Respect for Nature: A Theory of Environmental Ethics. Notes and Questions. III. The Scientific Predicate for Environmental Regulation: Risk Assessment. William D. Ruckelshaus: Risk, Science, and Democracy. Alon Rosenthal, George M. Gray, and John D. Graham: Legislating Acceptable Cancer Risk from Exposure to Toxic Chemicals. John D. Graham, Laura C. Green, and Marc J. Roberts: In Search of Safety: Chemicals and Cancer Risk. Stephen Breyer: Breaking the Vicious Circle: Toward Effective Risk Regulation. Notes and Questions. IV. The Objectives of Environmental Regualtion: Risk Management. Baruch Fischhoff et al.: Acceptable Risk. Lester B. Lave: The Strategy of Social Regulation: Decision Frameworks for Policy. Steven Kelman: Cost-Benefit Analysis: An Ethical Critique. Notes and Questions. V. Distributional Consequences Of Environmental Policy. Robert D. Bullard: Anatomy of Environmental Racism and the Environmental Justice Movement. Vicki Been: Locally Undesirable Land Uses in Minority Neighborhoods: Disproportionate Siting or Market Dynamics. Vicki Been: What's Fairness Got to Do With It?: Environmental Justice and the Siting of Locally Undesirable Land Uses. Henry M. Peskin: Environmental Policy and the Distribution of Benefits and Costs. Notes and Questions. VI. The Choice of Regulatory Tools. Bruce A. Ackerman and Richard B. Stewart: Reforming Environmental Law. William J. Baumol and Wallace E. Oates: The Theory of Environmental Policy. Peter Bohm: Deposit-Refund Systems: Theory and Applications to Environmental, Conservation, and Consumer Policy. Steven Shavell: Liability for Harm Versus Regulation of Safety. Wesley A. Magat and W. Kip Viscusi: Information Approaches to Regulation. Notes and Questions. The Political Dimensions of Environmental Law. VII. Federalism and Environmental Regulation. Richard B. Stewart: Pyramids of Sacrifice?: Problems of Federalism in Mandating State Implementation of National Environmental Policy. Richard L. Revesz: Rehabilitating Interstate Competition: Rethinking the "Race-to-the-Bottom" Rationale for Federal Environmental Regulation. Notes and Questions. VIII. Environmental Law and Public Choice. E. Donald Elliott, Bruce A. Ackerman, and John C. Millian: Toward a Theory of Statutory Evolution: The Federalization of Environmental Law. Bruce A. Ackerman and William T. Hassler: Clean Coal/Dirty Air. B. Peter Pashigian: Environmental Regulation: Whose Self-Interests Are Being Protected?. Michael T. Maloney and Robert E. McCormick: A Positive Theory of Environmental Quality Regulation. Daniel A. Farber: Politics and Procedures in Environmental Law. Case Studies. IX. Control of Air Pollution. James E. Krier: The Irrational Ambient Air Quality Standards: Macro- and Micro-Mistakes. George Eads: The Confusion of Goals and Instruments: The Explicit Consideration of Cost in Setting National Ambient Air Quality Standards. Craig N. Oren: Prevention of Significant Deterioration: Control-Compelling Versus Site Shifting. Notes and Questions. X. Liability for the Cleanup of Hazardous Waste Sites. Richard L. Revesz and Richard B Stewart: The Superfund Debate. James T. Hamilton and W. Kip Viscusi: The Magnitude and Policy Implications of Health Risks from Hazardous Waste Sites. Lewis A. Kornhauser and Richard L. Revesz: Evaluating the Effects of Alternative Superfund Liability Rules. Notes and Questions. Environmental Law in an International Community. XI. Environmental Regulation and International Trade. Richard B. Stewart: International Trade and Environment: Lessons from the Federal Experience. Jagdish Bhagwati and T.N. Srinivasan: Trade and the Environment: Does Environmental Diversity Detract from the Case for Free Trade?. Notes and Questions. XII. International Environmental Law. Edith Brown Weiss: Intergenerational Equity: A Legal Framework for Global Environmental Change. Robert Solow: An Almost Practical Step Towards Sustainability. Oran R. Young: The Politics of International Regime Formation: Managing Natural Resources and the Environment. Henry Shue: Subsistence Emissions and Luxury Emissions. Notes and Questions