Commons Ignorance: The Failure of Environmental Law to Provide the Information Needed to Protect Public Health and the Environment

127 Pages Posted: 14 Dec 2005

See all articles by Wendy E. Wagner

Wendy E. Wagner

University of Texas at Austin – School of Law

Abstract

One of the most significant problems facing environmental law is the dearth of scientific information available to assess the impact of industrial activities on public health and the environment. After documenting the significant gaps in existing information, this Article argues that existing laws both exacerbate and perpetuate this problem. By failing to require actors to assess the potential harm from their activities, and by penalizing them with additional regulation when they do, existing laws fail to counteract actors' natural inclination to remain silent about the harms that they might be causing. Both theory and practice confirm that when the stakes are high, actors not only will resist producing potentially incriminating information but will invest in discrediting public research that suggests their activities are harmful. The Article concludes with specific recommendations about how these perverse incentives for ignorance can be reversed.

Keywords: information, environmental law, regulation, science, asymmetric information, uncertainty

JEL Classification: D8

Suggested Citation

Wagner, Wendy E., Commons Ignorance: The Failure of Environmental Law to Provide the Information Needed to Protect Public Health and the Environment. Duke Law Journal, Vol. 53, No. 6, p. 1619, April 2004, U of Texas Law, Public Law Research Paper No. 83, Available at SSRN: https://ssrn.com/abstract=869987

Wendy E. Wagner (Contact Author)

University of Texas at Austin – School of Law ( email )

727 East Dean Keeton Street
Austin, TX 78705
United States

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
293
Abstract Views
3,214
rank
126,989
PlumX Metrics