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Lessons from Federal Pesticide Regulation on the Paradigms and Politics of Environmental Law Reform

By Donald T. Hornstein

Abstract

Although reform of federal pesticide regulation is often described as a simple choice between \u22scientific risk assessments\u22 and \u22mere politics,\u22 such reductionism assumes away perhaps the fundamental challenge facing progressive reformers: how to improve political and market institutions that minimize trade-offs among deeply held public values. Professor Hornstein argues that an improved framework for environmental law reform, a \u22cause-oriented approach,\u22 vastly improves the prospects for developing workable incentive structures that can promote a more sustainable agriulture. More broadly, Professor Hornstein develops a positive political theory of pesticide regulation capitalizing on both public choice and public purpose explanations of collective political behavior, to argue that effective regulatory design must openly acknowledge the full complexities of both the \u22politics\u22 and \u22science\u22 of environmental protection

Topics: Law
Publisher: Yale Law School Legal Scholarship Repository
Year: 1993
OAI identifier: oai:digitalcommons.law.yale.edu:yjreg-1264
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