The Missing Element of Environmental Cost-Benefit Analysis: Compensation for the Loss of Regulatory Benefits

Despite its critics, cost-benefit analysis remains a fixture of the environmental regulation calculus. Most criticisms of cost-benefit analysis focus on the impossibility of monetizing environmental and health amenities protected by regulations. Less attention has been paid to the regressive wealth-transfer effects of regulations foregone based on cost-benefit analysis. This regressive effect occurs as long as downwind communities that suffer health and harms from environmental contamination are generally less wealthy than the owners of pollution sources that avoid regulatory-compliance costs. The availability of compensation to pollution-victims has the potential to ameliorate this regressive effect. This Article recommends that the availability of compensation to those suffering environmental harms should be an essential part of cost-benefit analysis, and the lack of compensation mechanisms should justify imposing regulatory burdens that might otherwise be rejected under cost-benefit analysis

Direct Environmental Standing for Chartered Conservation Corporations

This article suggests that, as an antidote to the ever-tightening restrictions on individual environmental standing, a state may charter a not-for-profit corporation organized to protect a particular environmental resource, giving the corporation a non-exclusive portion of the State\u27s interest in enforcing applicable environmental protections. The dichotomy between not-for-profit organizations that may litigate only as the representative of individual members\u27 interests, and business corporations that assert their own direct economic interests, may seem natural to our late-twentieth-century sensibility, but is not founded in original intent. The framers of Article III, which grants jurisdiction over “cases and controversies” to the federal courts, would have seen the latter day business corporation as something of an oddity. Most incorporated entities during the eighteenth century were religious institutions, municipalities, and government franchisees. In fact, the now ubiquitous business corporation did not become commonplace until the early nineteenth century, as government franchise corporations expanded to include incorporation of private businesses. To the framers, then, the concept of a corporate entity asserting community interests in natural resources on its own behalf would have been no more alien than the concept of a corporate entity asserting private business interests

Teaching Substantive Environmental Law and Practice Skills Through Interest Group Role-Playing

Most law students take their first introductory course in environmental law during their second year of law school. The traditional first-year curriculum does little to prepare students for the complex statutory and regulatory models for most environmental regulation. Law students at the end of their first year often have had little exposure to statutory interpretation. Further, they often have no exposure to administrative law and regulatory implementation. These students may expect statutes to provide clear statements of rules rather than guidelines for administrative rulemaking. They also tend to view the lawmaking and interpretive process through the traditional lens of congressional legislation and common-law-style judicial interpretation in a bipolar scheme of implementation--where the regulatory agencies and the regulated industries are the only players. In fact, environmental regulatory programs constantly evolve through a complex interaction of legislative amendment, administrative rulemaking, and judicial interpretation. Influencing these programs are the multipolar interaction of regulated industries, environmental groups, state agencies, and federal regulators. Law students accustomed to the bipolar model of common-law legal development and who expect statutory law to consist of a simple reading of clear statutory texts can find this interest group pluralist model of law development bewildering. One way to help give context to this complex interaction is to place students in the roles of the various advocates and decision-makers in the environmental law processes. Assigning students to adopt the perspective of various distinct players in the regulatory process, such as agency lawyer, industry lawyer, and environmental NGO lawyer, helps make this complex interaction more accessible to students. This also provides an introduction into the skills of statutory interpretation and regulatory implementation. At Pace Law School, we have had considerable success integrating this approach into an Environmental Law Skills course. This course combines a comprehensive study of the Clean Water Act (CWA) regulatory program with skills-based exercises in administrative rulemaking, judicial review, regulatory permitting, negotiation, and enforcement. The course was added to the curriculum in the 1990s in response to the growing recognition by the legal academy that the traditional case-oriented method of instruction failed to result in law graduates with basic competencies expected of lawyers. The course has been refined over the years to incorporate the Carnegie Report\u27s more recent critiques: the legal education\u27s failure to foster students\u27 development of their professional identities and their understanding of lawyers\u27 role in representing clients. By integrating role-playing, problem solving, and doctrinal instruction, the course seeks to engage students in active learning and professional identity development. The course also seeks to implement recommendations for the improvement of legal instruction contained in Professor Stuckey\u27s influential 2007 report, Best Practices for Legal Education. In particular, the course seeks to “teach doctrine, theory, and practice as part of a unified, coordinated program of instruction” as recommended in that report

Quantum randomness and value indefiniteness

As computability implies value definiteness, certain sequences of quantum outcomes cannot be computable.Comment: 13 pages, revise

Spurious, Emergent Laws in Number Worlds

We study some aspects of the emergence of logos from chaos on a basal model of the universe using methods and techniques from algorithmic information and Ramsey theories. Thereby an intrinsic and unusual mixture of meaningful and spurious, emerging laws surfaces. The spurious, emergent laws abound, they can be found almost everywhere. In accord with the ancient Greek theogony one could say that logos, the Gods and the laws of the universe, originate from "the void," or from chaos, a picture which supports the unresolvable/irreducible lawless hypothesis. The analysis presented in this paper suggests that the "laws" discovered in science correspond merely to syntactical correlations, are local and not universal.Comment: 24 pages, invited contribution to "Contemporary Natural Philosophy and Philosophies - Part 2" - Special Issue of the journal Philosophie

DEA Problems under Geometrical or Probability Uncertainties of Sample Data

This paper discusses the theoretical and practical aspects of new methods for solving DEA problems under real-life geometrical uncertainty and probability uncertainty of sample data. The proposed minimax approach to solve problems with geometrical uncertainty of sample data involves an implementation of linear programming or minimax optimization, whereas the problems with probability uncertainty of sample data are solved through implementing of econometric and new stochastic optimization methods, using the stochastic frontier functions estimation.DEA, Sample data uncertainty, Linear programming, Minimax optimization, Stochastic optimization, Stochastic frontier functions