Environmental Law and Policy

This chapter for the Handbook of Law and Economics provides an economic perspective of environmental law and policy. We examine the ends of environmental policy, that is, the setting of goals and targets, beginning with normative issues, notably the Kaldor-Hicks criterion and the related method of assessment known as benefit-cost analysis. We examine this analytical method in detail, including its theoretical foundations and empirical methods of estimation of compliance costs and environmental benefits. We review critiques of benefit-cost analysis, and examine alternative approaches to analyzing the goals of environmental policies. We examine the means of environmental policy, that is, the choice of specific policy instruments, beginning with an examination of potential criteria for assessing alternative instruments, with particular focus on cost-effectiveness. The theoretical foundations and experiential highlights of individual instruments are reviewed, including conventional, command-and-control mechanisms, market-based instruments, and liability rules. Three cross-cutting issues receive attention: uncertainty; technological change; and distributional considerations. We identify normative lessons in regard to design, implementation, and the identification of new applications, and we examine positive issues: the historical dominance of command-and-control; the prevalence in new proposals of tradeable permits allocated without charge; and the relatively recent increase in attention given to market-based instruments. We also examine the question of how environmental responsibility is and should be allocated among the various levels of government. We provide a positive review of the responsibilities of Federal, state, and local levels of government in the environmental realm, plus a normative assessment of this allocation of regulatory responsibility. We focus on three arguments that have been made for Federal environmental regulation: competition among political jurisdictions and the race to the bottom; transboundary environmental problems; and public choice and systematic bias.

Environmental Law and Public Policy

This chapter provides an economic perspective of environmental law and policy with regard to both normative and positive dimensions. It begins with an examination of the central problem in environmental regulation: the tendency of pollution generators in an unconstrained market economy to externalize some of the costs of their production, leading to an inefficiently large amount of pollution. We examine the ends of environmental policy, that is, the setting of goals and targets, beginning with normative issues, notably the Kaldor-Hicks criterion and the related method of assessment known as benefit-cost analysis. We examine this analytical method in detail, including its theoretical foundations and empirical methods of estimation of compliance costs and environmental benefits. We include a review of critiques of benefit-cost analysis, briefly examine alternative approaches to analyzing the goals of environmental policies, and survey the efforts of the Federal governmental to employ these analytical methods. The chapter also examines in detail the means of environmental policy, that is, the choice of specific policy instruments, beginning with an examination of potential criteria for assessing alternative instruments, with particular focus on cost-effectiveness. The theoretical foundations and experiential highlights of individual instruments are reviewed, including conventional, commandand- control mechanisms, economic incentive or market-based instruments, and liability rules. In the economic-incentive category, we consider pollution charges, tradeable permit systems, market friction reductions, and government subsidy reductions. Three cross-cutting issues receive attention: implications of uncertainty for instrument choice; effects of instrument choice on technological change; and distributional considerations. We identify a set of normative lessons in regard to design, implementation, and the identification of new applications, and we examine positive issues, including three phenomena: the historical dominance of command-and-control; the prevalence in new proposals of tradeable permits allocated without charge; and the relatively recent increase in attention given to market-based instruments. Finally, the chapter turns to the question of how environmental responsibility is and should be allocated among the various levels of government. We provide a positive review of the responsibilities of Federal, state, and local levels of government in the environmental realm, plus a normative assessment of this allocation of regulatory responsibility. We focus on three arguments that have been made for Federal environmental regulation: competition among political jurisdictions and the race to the bottom; transboundary environmental problems; and public choice and systematic bias.environmental economics, environmental law, efficiency, cost-effectiveness, benefitcost analysis, environmental federalism

Environmental Law and Policy

This chapter provides an economic perspective of environmental law and policy with regard to both normative and positive dimensions. It begins with an examination of the central problem in environmental regulation: the tendency of pollution generators in an unconstrained market economy to externalize some of the costs of their production, leading to an inefficiently large amount of pollution. We examine the ends of environmental policy, that is, the setting of goals and targets, beginning with normative issues, notably the Kaldor-Hicks criterion and the related method of assessment known as benefit-cost analysis. We examine this analytical method in detail, including its theoretical foundations and empirical methods of estimation of compliance costs and environmental benefits. We include a review of critiques of benefit-cost analysis, briefly examine alternative approaches to analyzing the goals of environmental policies, and survey the efforts of the Federal governmental to employ these analytical methods. The chapter also examines in detail the means of environmental policy, that is, the choice of specific policy instruments, beginning with an examination of potential criteria for assessing alternative instruments, with particular focus on cost-effectiveness. The theoretical foundations and experiential highlights of individual instruments are reviewed, including conventional, command-and-control mechanisms, economic incentive or market-based instruments, and liability rules. In the economic-incentive category, we consider pollution charges, tradeable permit systems, market friction reductions, and government subsidy reductions. Three cross-cutting issues receive attention: implications of uncertainty for instrument choice; effects of instrument choice on technological change; and distributional considerations. We identify a set of normative lessons in regard to design, implementation, and the identification of new applications, and we examine positive issues, including three phenomena: the historical dominance of command-and-control; the prevalence in new proposals of tradeable permits allocated without charge; and the relatively recent increase in attention given to market-based instruments. Finally, the chapter turns to the question of how environmental responsibility is and should be allocated among the various levels of government. We provide a positive review of the responsibilities of Federal, state, and local levels of government in the environmental realm, plus a normative assessment of this allocation of regulatory responsibility. We focus on three arguments that have been made for Federal environmental regulation: competition among political jurisdictions and the race to the bottom; transboundary environmental problems; and public choice and systematic bias.

Evaluating Innovation

In their pursuit of the public good, foundations face two competing forces -- the pressure to do something new and the pressure to do something proven. The epigraph to this paper, "Give me something new and prove that it works," is my own summary of what foundations often seek. These pressures come from within the foundations -- their staff or boards demand them, not the public. The aspiration to fund things that work can be traced to the desire to be careful, effective stewards of resources. Foundations' recognition of the growing complexity of our shared challenges drives the increased emphasis on innovation. Issues such as climate change, political corruption, and digital learning andwork environments have enticed new players into the social problem-solving sphere and have con-vinced more funders of the need to find new solutions. The seemingly mutually exclusive desires for doing something new and doing something proven are not new, but as foundations have grown in number and size the visibility of the paradox has risen accordingly.Even as foundations seek to fund innovation, they are also seeking measurements of those investments success. Many people's first response to the challenge of measuring innovation is to declare the intention oxymoronic. Innovation is by definition amorphous, full of unintended consequences, and a creative, unpredictable process -- much like art. Measurements, assessments, evaluation are -- also by most definitions -- about quantifying activities and products. There is always the danger of counting what you can count, even if what you can count doesn't matter.For all our awareness of the inherent irony of trying to measure something that we intend to be unpredictable, many foundations (and others) continue to try to evaluate their innovation efforts. They are, as John Westley, Brenda Zimmerman, and Michael Quinn Patton put it in "Getting to Maybe", grappling with "....intentionality and complexity -- (which) meet in tension." It is important to see the struggles to measure for what they are -- attempts to evaluate the success of the process of innovation, not necessarily the success of the individual innovations themselves. This is not a semantic difference.What foundations are trying to understand is how to go about funding innovation so that more of it can happenExamples in this report were chosen because they offer a look at innovation within the broader scope of a foundation's work. This paper is the fifth in a series focused on field building. In this context I am interested in where evaluation fits within an innovation strategy and where these strategies fit within a foundation's broader funding goals. I will present a typology of innovation drawn from the OECD that can be useful inother areas. I lay the decisions about evaluation made by Knight, MacArthur, and the Jewish NewMedia Innovation Funders against their program-matic goals. Finally, I consider how evaluating innovation may improve our overall use of evaluation methods in philanthropy

A Resilient Power Capital Scan: How Foundations Could Use Grants and Investments to Advance Solar and Storage in Low-Income Communities

This report, one in a series of reports by Clean Energy Group and Meridian Institute on advancing resilient power in low-income communities, seeks to address how foundations can best develop a portfolio of capital interventions—from grants to impact investments—that together would successfully scale up the solar+storage/resilient power market to benefit low-income populations and to advance their missions. It provides a capital scan of foundation opportunities and actions to guide foundation financial support for this market

New Hampshire University Research and Industry Plan: A Roadmap for Collaboration and Innovation

This University Research and Industry plan for New Hampshire is focused on accelerating innovation-led development in the state by partnering academia’s strengths with the state’s substantial base of existing and emerging advanced industries. These advanced industries are defined by their deep investment and connections to research and development and the high-quality jobs they generate across production, new product development and administrative positions involving skills in science, technology, engineering and math (STEM)

An approach to reconcile the agile and CMMI contexts in product line development

Software product line approaches produce reusable platforms and architectures for products set developed by specific companies. These approaches are strategic in nature requiring coordination, discipline, commonality and communication. The Capability Maturity Model (CMM) contains important guidelines for process improvement, and specifies "what" we must have into account to achieve the disciplined processes (among others things). On the other hand, the agile context is playing an increasingly important role in current software engineering practices, specifying "how" the software practices must be addressed to obtain agile processes. In this paper, we carry out a preliminary analysis for reconciling agility and maturity models in software product line domain, taking advantage of both.Postprint (published version