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Cost-Benefit Analysis and the Environment


Cass R. Sunstein


Harvard Law School

October 2004

U Chicago Law & Economics, Olin Working Paper No. 227

Abstract:     
This review-essay explores the uses and limits of cost-benefit analysis in the context of environmental protection, focusing on three recent books: Priceless, by Frank Ackerman and Lisa Heinzerling; Cellular Phones, Public Fears, and A Culture of Precaution, by Adam Burgess; and Catastrophe: Risk and Response, by Richard A. Posner. The review-essay emphasizes three principal limitations on the use of cost-benefit analysis. First, it is important to distinguish between the easy cases for cost-benefit analysis, in which the beneficiaries of regulation pay all or almost all of its cost, from the harder cases, in which the beneficiaries pay little for the environmental protection that they receive. In the harder cases, net welfare gains and distributional advantages are possible even if environmental regulation fails cost-benefit analysis. Second, there are possible uses, in the environmental context, of maximin rather than cost-benefit analysis, especially when regulators are attempting to control catastrophic risks where probabilities cannot be assigned. An Anti-Catastrophe Principle makes sense for such situations. Third, human beings are citizens, not merely consumers, and this point requires abandonment of the willingness to pay criterion in some contexts.

Number of Pages in PDF File: 47

Keywords: environmental protection, Ackerman & Heinzerling, Burgess, Posner

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Date posted: October 13, 2004  

Suggested Citation

Sunstein, Cass R., Cost-Benefit Analysis and the Environment (October 2004). U Chicago Law & Economics, Olin Working Paper No. 227. Available at SSRN: http://ssrn.com/abstract=604581 or http://dx.doi.org/10.2139/ssrn.604581

Contact Information

Cass R. Sunstein (Contact Author)
Harvard Law School ( email )
1575 Massachusetts Ave
Areeda Hall 225
Cambridge, MA 02138
United States
617-496-2291 (Phone)
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