Jody Freeman - Böcker

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.

The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values?Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

The legal landscape around climate change is complex, unstable, and expanding. Scientists continue to publish new findings, policy makers regularly adopt new regulations, and petitioners file new litigation, nationwide and around the world. Hence the need for this third edition. Most of it is completely new, and the few chapters carried over from the second edition have been thoroughly updated. This edition explores the following topics:Overview and Context:Introduction and The Multilateral Climate Regime U.S. Federal Regulation and Litigation: Evolution of U.S. Climate Law and PolicyRegulation of Greenhouse Gases under the Clean Air ActNon-CO2 PollutantsEnvironmental Impact AssessmentClimate JusticeEndangered Species ActClimate-Related Financial Risk Management and DisclosureCivil RemediesRegional, State, and Local Actions:State and Multistate Climate ActionLocal InitiativesEnergy RegulationElectricity Regulation, Markets, and GovernanceLand Use and Transportation Policies Addressing Climate ChangeThe Next Legal FrontiersCarbon Capture and Sequestration and Carbon Dioxide RemovalAgricultureClimate Change and Public Natural ResourcesClimate Adaptation LawU.S. Climate Change Law and Policy: Taking Stock