Abstract

https://ssrn.com/abstract=2477112
 
 

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On Explaining the Development of ‘Emissions Trading’ in U.S. Air Pollution Regulation


Errol Meidinger


University at Buffalo Law School

1985

7(4) LAW AND POLICY 457-489 (1985)
SUNY Buffalo Legal Studies Research Paper No. 1985-001

Abstract:     
Given the Clean Air Act’s traditional structure of categorical emissions rules implemented through detailed administrative procedures, the rise of market mechanisms is a significant development that may indicate a fundamental shift in modern regulation. A key force in the market mechanism process has been the development and spread of a particular form of regulatory culture which emphasizes, among other things, that the content and legitimacy of regulatory policies should be based as much as possible on the interests and compromises of private parties.

This paper attempts to explain the widespread adoption of “market mechanisms” in U.S. air pollution regulation. While the “market mechanism” movement might be a desirable development for purposes of implementing agreed upon pollution control goals, it also raises two significant problems – an implied severe limitation for the practice of politics, and an obscuring of the distributional implications of policy choices.

Number of Pages in PDF File: 35

Keywords: Air Pollution Regulation, Regulatory Culture, Market Mechanisms, Clean Air Act, Public Policy Programs, Framework, Traditional Regulation


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Date posted: August 8, 2014  

Suggested Citation

Meidinger, Errol, On Explaining the Development of ‘Emissions Trading’ in U.S. Air Pollution Regulation (1985). 7(4) LAW AND POLICY 457-489 (1985); SUNY Buffalo Legal Studies Research Paper No. 1985-001. Available at SSRN: https://ssrn.com/abstract=2477112

Contact Information

Errol Meidinger (Contact Author)
University at Buffalo Law School ( email )
520 O'Brian Hall
Buffalo, NY 14260-1100
United States
716-645-6692 (Phone)
716-645-2064 (Fax)

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