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
Date Written: February 16, 2020
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
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