The past twenty-five years have seen a significant evolution in environmental policy, with new environmental legislation and substantive amendments to earlier laws, significant advances in environmental science, and changes in the treatment of science (and scientific uncertainty) by the courts. This book offers a detailed discussion of the important issues in environmental law, policy, and economics, tracing their development over the past few decades through an examination of environmental law cases and commentaries by leading scholars. The authors focus on pollution, addressing both pollution control and prevention, but also emphasize the evaluation, design, and use of the law to stimulate technical change and industrial transformation, arguing that there is a need to address broader issues of sustainable development. Environmental Law, Policy, and Economics, which grew out of courses taught by the authors at MIT, treats the traditional topics covered in most classes in environmental law and policy, including common law and administrative law concepts and the primary federal legislation. But it goes beyond these to address topics not often found in a single volume: the information-based obligations of industry, enforcement of environmental law, market-based and voluntary alternatives to traditional regulation, risk assessment, environmental economics, and technological innovation and diffusion. Countering arguments found in other texts that government should play a reduced role in environmental protection, this book argues that clear, stringent legal requirements--coupled with flexible means for meeting them--and meaningful stakeholder participation are necessary for bringing about environmental improvements and technologicial transformations.Nicholas A. Ashford is Professor of Technology and Director of the Technology and Law Program at MIT. Charles C. Caldart is Director of Litigation of the National Environmental Law Center and a Lecturer in the Department of Civil and Environmental Engineering at MIT. Ashford and Caldart are the authors of Technology, Law, and the Working Environment.
Advanced societies around the world are facing a dilemma. What to do with all the facilities that everyone desires in principle, but wants to keep out of their own block? The phenomenon is called NIMBY – Not In My Own Back Yard. Herb Inhaber proposes a solution that combines environmental science and economics to wipe it out – the reverse Dutch auction.
Disputes over hazardous waste sites usually are resolved by giving greater weight to expert opinion over public "not-in-my-back-yard" reactions. Challenging the assumption that policy experts are better able to discern the general welfare, Gregory E. McAvoy here proposes that citizen opinion and democratic dissent occupy a vital, constructive place in environmental policymaking.
McAvoy explores the issues of citizen rationality, the tension between democracy and technocracy, and the link between public opinion and policy in the case of an unsuccessful attempt to site a hazardous waste facility in Minnesota. He shows how the site was defeated by citizens who had reasonable doubts over the need for the facility.
Offering a comprehensive look at the policymaking process, McAvoy examines the motivations of public officials, the resources they have for shaping opinion, the influence of interest groups, and the evolution of waste reduction programs in Minnesota and other states. Integrating archival material, interviews, and quantitative survey data, he argues that NIMBY movements can bring miscalculations to light and provide an essential check on policy experts' often partisan views.
This book will be of value to those who work or study in the fields of hazardous waste policy, facility siting, environmental policy, public policy, public administration, and political science.