This anthology discusses important issues surrounding environmental law and economics and provides an in-depth analysis of its use in legislation, regulation and legal adjudication from a neoclassical and behavioural law and economics perspective. Environmental issues raise a vast range of legal questions: to what extent is it justifiable to rely on markets and continued technological innovation, especially as it relates to present exploitation of scarce resources? Or is it necessary for the state to intervene? Regulatory instruments are available to create and maintain a more sustainable society: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, etc. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur sustainable consumption and production in order to protect the environment while mitigating any potential negative impact on economic development? Since the related problems are often caused by scarcity of resources, economic analysis of law can offer remarkable insights for their resolution. Part I underlines the foundations of environmental law and economics. Part II analyses the effectiveness of economic instruments and regulations in environmental law. Part III is dedicated to the problems of climate change. Finally, Part IV focuses on tort and criminal law. The twenty-one chapters in this volume deliver insights into the multifaceted debate surrounding the use of economic instruments in environmental regulation in Europe.

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.

A detailed overview of the law-and-economics methodology developed and employed by environmental lawyers and policymakers.

This book offers an edited volume for all readers who wish to gain an in-depth grasp of the economic analysis of recent developments in energy law and policy in Europe and the United States. In response to waning resources and heightened environmental awareness, many countries are now seeking to redefine their energy mix. Several energy sources are available: coal and oil, natural gas, and a variety of renewables. Yet which of them are capable of addressing core energy-related concerns? Reliability, security, affordability, fairness, and sustainability all have to be taken into account. Further, once a target mix has been identified, two challenges remain for legal scholars: what role does the law play in achieving a specified energy mix, and, how can the law best fulfill that role? The essential energy concerns are just as important in defining the way we shape our energy mix as they are in defining the mix itself. An example of current challenges in energy law and policy can be seen in the pursuit by the German and Swiss governments of the so-called “Energiewende” (energy transition). These policies are intended to enable the transition from a non-sustainable use of fossil and nuclear energy to a more sustainable approach based on renewable energies. On the one hand, the goal is to achieve a decarbonization of the energy economy by reducing the use of fossil energy sources such as petroleum, carbon and natural gas. On the other, and in response to the Fukushima nuclear accident, a phase out is intended to eliminate the dangers of nuclear technologies. Achieving these goals poses tremendous challenges for the two countries’ energy policies – partly because the energy transition will not only affect energy production, but also energy consumption. From a Law and Economics perspective, a number of questions arise: to what extent is it justifiable to rely on markets and continued technological innovation, especially with regard to the present exploitation of scarce resources? To what extent is it necessary for states to intervene in energy markets? Regulatory instruments are available to create and maintain more sustainable societies: command and control regulations, restraints, Pigovian taxes, emission certificates, nudging policies, and more. If regulation in a certain legal field is necessary, which policies and methods will most effectively spur the sustainable consumption and production of energy in order to protect the environment while mitigating any potential negative impacts on economic development? Do neoclassical and behavioural economics provide us with a suitable framework for predicting the market’s complex reactions to a changing energy policy? This book provides theoretical insights as well as empirical findings in order to answer these vital questions.

Environmental economics can be controversial, but it is also central to some key policy issues facing governments and society today, including industrial pollution, global warming, and waste/recycling. Stephen Smith looks at how economic activity affects the environment in which we live, and how environmental policies can most effectively be used.

A deepening understanding of the importance of climate change has caused a recent and rapid increase in the number of climate change or climate-related laws. Trends in Climate Change Legislation offers an astute analysis of the political, institutional and economic factors that have motivated this surge, placing it into context.

In this book, distinguished scholars from Europe and the US examine a range of topical issues in environmental and resource economics. Employing cutting-edge tools, they take a fresh look at some of the most significant international and domestic issues at the forefront of public policy debates. The volume has two main themes: environmental policy making within a federalist context and valuation issues, including experimental design. Beyond this, the sixteen chapters give an overview of recent developments in the field and present important new views on pressing policy issues. Many of the chapters offer innovative approaches and contain original empirical or experimental evidence which may have considerable implications for environmental policy. As a whole, the volume provides the reader with a keen understanding of some of the most important theoretical and empirical work in environmental federalism, valuation and a number of other pertinent areas. This book extends current thinking and provides a state-of-the-art analysis of recent developments in environmental and resource economics. It will be indispensable for students, scholars and researchers in environmental economics and anyone wishing to remain at the frontier of advances in this arena.

Everyone agrees that firms should obey the law. But beyond what the law requires-beyond bare compliance with regulations-do firms have additional social responsibilities to commit resources voluntarily to environmental protection? How should we think about firms sacrificing profits in the social interest? Are they permitted to do so, given their fiduciary responsibilities to their shareholders? Even if permissible, is the practice sustainable, or will the competitive marketplace render such efforts and their impacts transient at best? Furthermore, is the practice, however well intended, an efficient use of social and economic resources? And, as an empirical matter, to what extent do firms already behave this way? Until now, public discussion has generated more heat than light on both the normative and positive questions surrounding corporate social responsibility (CSR) in the environmental realm. In Environmental Protection and the Social Responsibility of Firms, some of the nation‘s leading scholars in law, economics, and business examine commonly accepted assumptions at the heart of current debates on corporate social responsibility and provide a foundation for future research and policymaking.

Though many students and environmentalists shudder at even the thought of economics, a working knowledge of the basics can be a powerful ally. Economic arguments carry a great deal of weight, and putting them to work for environmental causes can be a deciding factor, especially in policy debates. The reverse is true as well, and an understanding of the possibly flawed, misleading, or overstated economics behind an opponent's case can be crucially important. Environmental Economics for Tree Huggers and Other Skeptics carefully explains the tools of economic analysis and shows how they can be used to help reveal the root causes of and potential solutions for environmental and natural resource problems. Jaeger's proven techniques and wonderfully conversational tone assume no economics training, and his presentation of the material is designed to facilitate clarity. His step-by-step approach unearths surprisingly simple, easy-to-remember principles and shows how to apply them to real-world environmental problems. Those with exposure to introductory microeconomics will find Environmental Economics for Tree Huggers and Other Skeptics to be a welcome refresher. Undergraduate and graduate students of environmental studies, resource management, law, policy, and related fields, as well as novices who are skeptical of how the field could possibly help them in their own efforts, will be pleasantly surprised.

This book explores topics in contemporary debates over environmental quality, economic growth and sustainable development.