Breaking the Logjam: Environmental Protection That Will Work

BREAKING THE LOGJAM: ENVIRONMENTAL PROTECTION THAT WILL WORK, Yale University Press, 2010

NYLS Legal Studies Research Paper No. 09/10 #36

25 Pages Posted: 28 Apr 2010

See all articles by David Schoenbrod

David Schoenbrod

New York Law School

Richard B. Stewart

New York University School of Law

Katrina Wyman

New York University School of Law

Date Written: April 26, 2010

Abstract

After several decades of significant but incomplete successes, environmental protection in the United States is stuck. Administrations under presidents of both parties have fallen well short of the goals of their environmental statutes. The book identifies the core problems with existing environmental statutes and programs and explains how Congress can fix them. The book is based on a project the authors led that incorporated the work of more than fifty leading environmental experts. The project developed concrete proposals for statutory reform in light of four principles. The first is to adopt better tools whenever they can reliably achieve environmental goals. This principle is the most fundamental because it helps achieve the other three. The second is to realign the responsibilities of the federal government and the states so that each level has more effective power over the environmental problems it is best placed to address. The third is to face trade-offs openly and based on reliable information. The fourth is to use cross-cutting regulatory approaches that address underlying causes. These principles have won acceptance from many experts of the left and right, though there are points of disagreement.

This book is a call to action through public understanding based on a nonpartisan argument for smarter, more flexible regulatory programs to stimulate the economy and encourage green technology. Posted here are the book’s front matter and first chapter.

Keywords: environment, statutes, legislation, climate, pollution, trade-offs,market-based, cap and trade, cross cutting

Suggested Citation

Schoenbrod, David and Stewart, Richard B. and Wyman, Katrina, Breaking the Logjam: Environmental Protection That Will Work (April 26, 2010). BREAKING THE LOGJAM: ENVIRONMENTAL PROTECTION THAT WILL WORK, Yale University Press, 2010, NYLS Legal Studies Research Paper No. 09/10 #36, Available at SSRN: https://ssrn.com/abstract=1596278

David Schoenbrod (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2339 (Phone)
212-431-9205 (Fax)

Richard B. Stewart

New York University School of Law ( email )

40 Washington Square South
Room 411F
New York, NY 10012-1099
United States
212-992-8165 (Phone)
212-995-4590 (Fax)

Katrina Wyman

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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