Environmental Law, Policy, and Economics: Reclaiming the Environmental Agenda

Traces important legal, economic, and scientific developments in the environmental field through an examination of environmental law cases and commentaties by leading scholars, focusing on pollution prevention and control and emphasizing the evaluation, design, and use of the law to stimulate technological change and industrial transformation. The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics, which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements-coupled with flexible means for meeting them-and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations. This book is regularly updated online at http://mitpress.mit.edu/ashford_environmental_law