Continuity and Transformation in Environmental Regulation

Abstract

Since the modern era of environmental regulation began in the 1970s, there have been arguments for replacing it with something else. Surely, critics have argued, it was possible to improve on a rigid hierarchy from the issuance of federal uniform standards to state implementation of firm compliance. Conventional regulation, it has been said, is too clumsy, too slow, too inefficient. Yet, there is little sign the traditional paradigm is fading away. Commentators have proposed several replacements for conventional regulation by EPA, including the adoption of new regulatory approaches and .....