A Critical Assessment of EPA’s Air Program at 50 and a Suggestion for How It Might Do Even Better

E. Donald Elliott, A Critical Assessment of the EPA’s Air Program at Fifty and a Suggestion for How It Might Do Even Better, 70 Case W. Res. L. Rev. 895 (2020) Available at: https://scholarlycommons.law.case.edu/caselrev/vol70/iss4/6

34 Pages Posted: 16 Apr 2020 Last revised: 25 Sep 2020

See all articles by E. Donald Elliott

E. Donald Elliott

Yale Law School; Antonin Scalia Lw School

Date Written: February 16, 2020

Abstract

EPA's air program has made measurable progress in improving air quality. However, the methods of science-based legalistic bureaucracy with public participation and broad judicial review by generalist judges are often slow and may require 25-30 years to accomplish their goals. EPA possesses statutory authority to charge emission fees (Pigouvian charges). It is suggested that combining emission charges with existing command and control regulation might make progress more rapidly. An unremarked advantage of emissions charges, as opposed to giving away the right to pollute for free, is that charges create immediate incentives to reduce pollution.

Keywords: air pollution emission charges

Suggested Citation

Elliott, E. Donald, A Critical Assessment of EPA’s Air Program at 50 and a Suggestion for How It Might Do Even Better (February 16, 2020). E. Donald Elliott, A Critical Assessment of the EPA’s Air Program at Fifty and a Suggestion for How It Might Do Even Better, 70 Case W. Res. L. Rev. 895 (2020) Available at: https://scholarlycommons.law.case.edu/caselrev/vol70/iss4/6 , Available at SSRN: https://ssrn.com/abstract=3554749

E. Donald Elliott (Contact Author)

Yale Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States
202 256-4149 (Phone)

Antonin Scalia Lw School ( email )

3301 Fairfax Drive
Arlington, VA 22201
United States

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