Download or read book Regulatory Change and Optimal Transition Relief written by Richard L. Revesz and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whenever legislators and regulators adopt a regulatory change, they face an important question: how should existing actors be required to respond to the new law? For example, if regulators drastically reduce the level of emissions that new plants are permitted to discharge, they might grandfather existing plants, gradually phasing in the new regulation and granting existing polluters a certain period of time - perhaps even a long or undefined period - to incorporate the mandated changes. Alternatively, regulators could insist that existing plants immediately comply with this new regulation, even if some existing plants would have to close their doors. While the dominant view in the academic literature has been that transition relief is undesirable, this view has recently come under attack. Steven Shavell has argued that when actors have made significant investments in order to comply with an existing law, it might be socially optimal to grandfather those actors, as opposed to requiring them to comply with the new law. In this Article, we show that the dominant view has not paid sufficient attention to the issue on which Shavell focused: that the costs of retrofitting existing plants to come to compliance with the new standard can be a great deal higher than that compliance costs for a new plant. But we also show that Shavell has paid insufficient attention to the issue that concerned the dominant view: the desirability of having existing plants anticipate future changes in the legal standard. We therefore craft a distinctive approach to evaluating the desirability of grandfathering. This Article also disputes the argument that has been advanced by prominent scholars that transition relief is desirable because it can reduce wasteful lobbying expenses. They overlook that transition relief results in additional, and significant, lobbying by actors seeking to extend such relief beyond its expiration date. Finally, we argue that the approach to setting regulatory standards and transition rules that is endorsed in the academic literature is flawed because it assumes that regulators should first pick the standard that is optimal for new plants and then choose the best transition rule in light of that standard. Since transition relief often impedes new actors from entering the regulated activity, however, there may be very few new actors to actually meet the more stringent standards. Thus, it may be preferable to adopt a less stringent standard for new actors and a less generous transition policy for existing actors. Both the new rule and the transition rule need to be optimized simultaneously. First optimizing the new rule and then picking the best transition rule in light of the new rule - the universal approach of the academic literature - leads to undesirable results.
Download or read book The Politics of Regulatory Change written by Richard A. Harris and published by Oxford University Press, USA. This book was released on 1989 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The past three decades have brought remarkable change in American regulatory politics. The re-emergence of public interest movements in the sixties and seventies raised fundamental questions about our market economy and dramatically expanded the government's regulatory role in the protection of public health, the consumer, and the environment. The far-reaching effects of this new regulatory regime in turn precipitated a counter-movement to restrict social and economic regulation spearheaded by the Reagan administration. In their first edition of The Politics of Regulatory Change, Richard Harris and Sidney Milkis assessed the long-term consequences of the Reagan administration's attempt to drastically curtail social regulation through an in-depth study of how two of the most influential regulatory agencies, the Federal Trade Commission and the Environmental Protection Agency, were affected by administration reforms. Now with their second edition, Harris and Milkis continue their assessment, creating a completely revised edition that includes coverage of the changes in regulatory politics during the Bush and Clinton administrations. They conclude that the essential elements of the 'public lobby regime' remain intact, even as the successive deregulatory assaults on that regime in the 1980's and 1990's have polarized Washington not simply over public policy but more fundamentally over the just ends of the American political system.
Download or read book Regulatory Politics in Transition written by Marc Allen Eisner and published by JHU Press. This book was released on 2000 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Regulatory Politics in Transition Marc Eisner argues that to understand fully the importance of regulatory policy we need to survey the critical policy shifts brought about during the Progressive period, the New Deal, and the contemporary period. Eisner adopts a regulatory regime framework to address the combination of policy change and institutional innovation across multiple policies in each period. For each of these periods Eisner examines economic structural changes and the prevailing political economic and administrative theories that conditioned the design of new policies and institutions. Throughout, Eisner adds a valuable historical dimension to the discussion of regulation, by showing how policies and institutions were shaped by particular historical and political circumstances. The new edition examines how the efficiency regime of the 1980s found a new expression in the regulatory reinvention during the Clinton presidency. Moreover, it explores the impact of globalization trends and international regimes upon the politics of regulation and asks whether a new global regime is on the horizon.
Download or read book The Institutional Dynamics of Transition Relief written by Jonathan S. Masur and published by . This book was released on 2010 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether and how to provide transition relief from a change in legal regime is a question of critical importance. Legislatures and agencies effect changes to the law constantly, and affected private actors often seek relief from those changes, at least in the short term. Scholarship on transition relief therefore has focused almost entirely on examining when transition relief might be justified and now recognizes that there may be settings where relief from legal transitions is appropriate. Yet largely absent from these treatments is an answer to the question of which institutional actor is best positioned to decide when legal transition relief is appropriate and what form it should assume. In this Article, we address this issue in two parts: Can the private market develop adequate risk-spreading devices such that government relief is unnecessary? If government relief is warranted, what government actors are best suited to provide relief? We find that private markets will be unable to provide adequate transition insurance due to insurmountable pricing difficulties, and that the task must thus fall to governmental actors. We then analyze the available governmental actors and conclude that, in many cases, an independent agency will be best positioned to make reliable and welfare-enhancing decisions regarding transition relief.
Download or read book Combating Climate Change with Section 115 of the Clean Air Act written by Michael Burger and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Editor Michael Burger brings together a comprehensive assessment of how one statutory provision – Section 115 of the Clean Air Act, “International Air Pollution” – provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action.
Download or read book The Scales of Weighing Regulatory Costs written by Jamison E. Colburn and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the calculation and evaluation of regulatory costs by regulators in accordance with a legislative mandate. A serious limitation in that enterprise, the possibility of technological change and innovation, often compromises those efforts and has long been under-appreciated in standard ‘cost-benefit analysis.’ Regulators who study the inducement of innovation and the avoidance of regulatory costs by the regulated often find significant cost-saving opportunities, leading to more stringent and more effective risk governance. Ultimately, the weighing of costs in this more elaborate model is more than simple welfare maximization. It views regulatory costs as important to society for a range of reasons, some grounded in fairness and some in deliberative process values, as a society seeks to minimize all costs over time.
Download or read book Does Regulation Kill Jobs written by Cary Coglianese and published by University of Pennsylvania Press. This book was released on 2014-01-06 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: As millions of Americans struggle to find work in the wake of the Great Recession, politicians from both parties look to regulation in search of an economic cure. Some claim that burdensome regulations undermine private sector competitiveness and job growth, while others argue that tough new regulations actually create jobs at the same time that they provide other benefits. Does Regulation Kill Jobs? reveals the complex reality of regulation that supports neither partisan view. Leading legal scholars, economists, political scientists, and policy analysts show that individual regulations can at times induce employment shifts across firms, sectors, and regions—but regulation overall is neither a prime job killer nor a key job creator. The challenge for policymakers is to look carefully at individual regulatory proposals to discern any job shifting they may cause and then to make regulatory decisions sensitive to anticipated employment effects. Drawing on their analyses, contributors recommend methods for obtaining better estimates of job impacts when evaluating regulatory costs and benefits. They also assess possible ways of reforming regulatory institutions and processes to take better account of employment effects in policy decision-making. Does Regulation Kills Jobs? tackles what has become a heated partisan issue with exactly the kind of careful analysis policymakers need in order to make better policy decisions, providing insights that will benefit both politicians and citizens who seek economic growth as well as the protection of public health and safety, financial security, environmental sustainability, and other civic goals. Contributors: Matthew D. Adler, Joseph E. Aldy, Christopher Carrigan, Cary Coglianese, E. Donald Elliott, Rolf Färe, Ann Ferris, Adam M. Finkel, Wayne B. Gray, Shawna Grosskopf, Michael A. Livermore, Brian F. Mannix, Jonathan S. Masur, Al McGartland, Richard Morgenstern, Carl A. Pasurka, Jr., William A. Pizer, Eric A. Posner, Lisa A. Robinson, Jason A. Schwartz, Ronald J. Shadbegian, Stuart Shapiro.
Download or read book Research Handbook on Emissions Trading written by Stefan E. Weishaar and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on Emissions Trading examines the origins, implementation challenges and international dimensions of emissions trading. It pursues an interdisciplinary approach drawing on law, economics and at times, political science, to present relevant research strands regarding emissions trading. Intermixing theoretical insights with experiences from existing trading systems, this Handbook offers insights that can be applied around the world. It identifies key bodies of research for both upcoming and seasoned people in the field and highlights future research opportunities.
Download or read book The Oxford Handbook of Law and Economics written by Francesco Parisi and published by Oxford University Press. This book was released on 2017-04-27 with total page 635 pages. Available in PDF, EPUB and Kindle. Book excerpt: Covering over one-hundred topics on issues ranging from Law and Neuroeconomics to European Union Law and Economics to Feminist Theory and Law and Economics, The Oxford Handbook of Law and Economics is the definitive work in the field of law and economics. The book gathers together scholars and experts in law and economics to create the most inclusive and current work on law and economics. Edited by Francisco Parisi, the Handbook looks at the origins of the field of law and economics, tracks its progression and increased importance to both law and economics, and looks to the future of the field and its continued development by examining a cornucopia of fields touched by work in law and economics. The uniqueness of its breadth, depth, and convenience make the volume essential to scholars, students, and contributors in the field of law and economics.
Download or read book Struggling for Air written by Richard L. Revesz and published by Oxford University Press. This book was released on 2016 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the beginning of the Obama Administration, conservative politicians have railed against the President's "War on Coal." As evidence of this supposed siege, they point to a series of rules issued by the Environmental Protection Agency that aim to slash air pollution from the nation's power sector . Because coal produces far more pollution than any other major energy source, these rules are expected to further reduce its already shrinking share of the electricity market in favor of cleaner options like natural gas and solar power. But the EPA's policies are hardly the "unprecedented regulatory assault " that opponents make them out to be. Instead, they are merely the latest chapter in a multi-decade struggle to overcome a tragic flaw in our nation's most important environmental law. In 1970, Congress passed the Clean Air Act, which had the remarkably ambitious goal of eliminating essentially all air pollution that posed a threat to public health or welfare. But there was a problem: for some of the most common pollutants, Congress empowered the EPA to set emission limits only for newly constructed industrial facilities, most notably power plants. Existing plants, by contrast, would be largely exempt from direct federal regulation-a regulatory practice known as "grandfathering." What lawmakers didn't anticipate was that imposing costly requirements on new plants while giving existing ones a pass would simply encourage those old plants to stay in business much longer than originally planned. Since 1970, the core problems of U.S. environmental policy have flowed inexorably from the smokestacks of these coal-fired clunkers, which continue to pollute at far higher rates than their younger peers. In Struggling for Air, Richard L. Revesz and Jack Lienke chronicle the political compromises that gave rise to grandfathering, its deadly consequences, and the repeated attempts-by presidential administrations of both parties-to make things right.
Download or read book The Law and Policy of Environmental Federalism written by Kalyani Robbins and published by Edward Elgar Publishing. This book was released on 2015-12-18 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.
Download or read book Incorporating Sustainability in Management Education written by Kenneth Amaeshi and published by Springer. This book was released on 2019-02-06 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responding to the pressing need of business schools to incorporate sustainability thinking into their curricula, this new book offers fresh thinking on how to achieve this in practical terms. Structured on a typical MBA programme, each chapter explores how sustainability thinking can be integrated into existing subject areas. Rather than being prescriptive, the chapters provide opportunities to reflect on successes as well as challenges associated with embedding sustainability into MBA courses. Contributors explore the employability implications of sustainability and how these are reflected in course designs, pedagogy and assessments. Filling an important gap in current literature, Incorporating Sustainability in Management Education provides important support to Higher Education Institutes who must quickly adapt to this desired change in business school curricula.
Download or read book Energy Law and Economics written by Klaus Mathis and published by Springer. This book was released on 2018-04-19 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 redefine their energy mix. Several energy sources are available: coal and oil, natural gas, and a variety of renewables. Yet which of them are capable of addressing core energy-related concerns? Reliability, security, affordability, fairness, and sustainability all have to be taken into account. Further, once a target mix has been identified, two challenges remain for legal scholars: what role does the law play in achieving a specified energy mix, and, how can the law best fulfill that role? The essential energy concerns are just as important in defining the way we shape our energy mix as they are in defining the mix itself. An example of current challenges in energy law and policy can be seen in the pursuit by the German and Swiss governments of the so-called “Energiewende” (energy transition). These policies are intended to enable the transition from a non-sustainable use of fossil and nuclear energy to a more sustainable approach based on renewable energies. On the one hand, the goal is to achieve a decarbonization of the energy economy by reducing the use of fossil energy sources such as petroleum, carbon and natural gas. On the other, and in response to the Fukushima nuclear accident, a phase out is intended to eliminate the dangers of nuclear technologies. Achieving these goals poses tremendous challenges for the two countries’ energy policies – partly because the energy transition will not only affect energy production, but also energy consumption. From a Law and Economics perspective, a number of questions arise: to what extent is it justifiable to rely on markets and continued technological innovation, especially with regard to the present exploitation of scarce resources? To what extent is it necessary for states to intervene in energy markets? Regulatory instruments are available to create and maintain more sustainable societies: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, and more. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur the sustainable consumption and production of energy in order to protect the environment while mitigating any potential negative impacts on economic development? Do neoclassical and behavioural economics provide us with a suitable framework for predicting the market’s complex reactions to a changing energy policy? This book provides theoretical insights as well as empirical findings in order to answer these vital questions.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The Geopolitics of the Global Energy Transition written by Manfred Hafner and published by Springer Nature. This book was released on 2020-06-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world is currently undergoing an historic energy transition, driven by increasingly stringent decarbonisation policies and rapid advances in low-carbon technologies. The large-scale shift to low-carbon energy is disrupting the global energy system, impacting whole economies, and changing the political dynamics within and between countries. This open access book, written by leading energy scholars, examines the economic and geopolitical implications of the global energy transition, from both regional and thematic perspectives. The first part of the book addresses the geopolitical implications in the world’s main energy-producing and energy-consuming regions, while the second presents in-depth case studies on selected issues, ranging from the geopolitics of renewable energy, to the mineral foundations of the global energy transformation, to governance issues in connection with the changing global energy order. Given its scope, the book will appeal to researchers in energy, climate change and international relations, as well as to professionals working in the energy industry.
Download or read book Land Use Controls written by Robert C. Ellickson and published by Aspen Publishing. This book was released on 2020-10-15 with total page 922 pages. Available in PDF, EPUB and Kindle. Book excerpt: Land Use Controls: Cases and Materials emphasizes an interdisciplinary approach that weaves historical, social, and economic causes and effects of legal doctrine. The casebook also brings out the functional relationships between formally unrelated routes of law—statutes, ordinances, constitutional doctrines, and common law—by focusing on their practical deployment, developers, neighbors, planners, politicians, and their empirical effects on outcomes like neighborhood quality, housing supply, racial segregation, and tax burdens. A thematic framework illuminates the connections among multiple topics under land law and gives attention to the factual and political context of the cases and aftermath of decisions. Dynamic pedagogy features original introductory text, cases, notes, excerpts from law review articles, and visual aids (maps, charts, graphs) throughout. New to the Fifth Edition: A focus on affordability and the new conflicts over urban zoning A fully updated treatment of local administrative law Recent constitutional rulings, including up-to-date Supreme Court decisions on exactions and regulatory takings Thoroughly updated notes, with recent cases, law review literature, and empirical studies Professors and students will benefit from: Distinguished authorship by respected scholars and professors with a range of expertise An interdisciplinary approach combining historical, social, political, and economic perspectives and offering dynamic opportunities for analysis along with broad legal coverage Concise but comprehensive treatment of the legal issues in private and public regulation of land development, including environmental justice, building codes and subdivision regulations, and the federal role in urban development A thematic framework illuminating connections among multiple discrete topics under land law and the factual and political context of cases and aftermath of decisions Excellent coverage and dynamic pedagogy
Download or read book Kick off for Tax Reform written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 2006 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt:
