Environmental Regulatory Nukes

48 Pages Posted: 14 Dec 2014

See all articles by Brigham Daniels

Brigham Daniels

Brigham Young University - J. Reuben Clark Law School

Date Written: December 1, 2013

Abstract

Regulatory nukes are regulatory tools that can prove extremely destructive to regulatory targets and have an element of political taboo surrounding their use. This Article discusses how and why Congress proliferates regulatory nukes. It explores the way regulatory nukes shape the contours of environmental law and define important aspects of various environmental enactments, including the Clean Air Act, the Clean Water Act, RCRA, CERCLA, and the Endangered Species Act, among others. The typical narratives we find surrounding environmental regulatory nukes, that either focus on regulatory Armageddon or dust settling on nukes in their silos, only tell part of the story. These narratives neglect the ways in which regulators use environmental regulatory nukes to prod, cudgel, and extract regulatory concessions from their potential targets. Seeing regulatory nukes in this light helps us better understand that regulators use these weapons not only by firming them but also by brandishing them and even merely possessing them.

Suggested Citation

Daniels, Brigham, Environmental Regulatory Nukes (December 1, 2013). Utah Law Review, Vol. 2013, No. 6, 2013, Available at SSRN: https://ssrn.com/abstract=2537869

Brigham Daniels (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

410 JRCB
Brigham Young University
Provo, UT 84602
United States

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