And now:Ish <[EMAIL PROTECTED]> writes: >Date: Sat, 19 Dec 1998 12:05:31 -0800 >Reply-To: [EMAIL PROTECTED] >Sender: Environmental Law and Policy Abstracts > <[EMAIL PROTECTED]> >From: "John Dwyer, P. Menell" <[EMAIL PROTECTED]> >Subject: LSN Enviro-Law No. 7, 12/18/1998 >To: [EMAIL PROTECTED] > >_________________________________________________________________ > > E N V I R O N M E N T A L L A W A N D P O L I C Y > A B S T R A C T S > No. 7: December 18, 1998 >_________________________________________________________________ > > >Publisher: Legal Scholarship Network (LSN) > a division of > Social Science Electronic Publishing, Inc. (SSEP) > and Social Science Research Network (SSRN) > >Editors: JOHN P. DWYER > University of California at Berkeley, School of > Law > Mailto:[EMAIL PROTECTED] > > PETER S. MENELL > University of California at Berkeley, School of > Law > Mailto:[EMAIL PROTECTED] > >Copyright: SSEP, Inc. 1998. All rights reserved. > >Leading Social Science Research Delivered To Your Desktop > http://www.SSRN.Com/ > >REDISTRIBUTION > During the start-up phase, LSN provides permission to > redistribute this journal. No one may charge for redistribution, > and the issue must be distributed in its entirety. > >SIGN OFF > To stop delivery of one or more of the SSRN journals, write to > Mailto:[EMAIL PROTECTED] Include the JOURNAL name or the NETWORK > name or ALL in the subject line. > >ALIGNMENT > If this document is misaligned, please set type face to a > non-proportional font such as Courier 10. > >PAPER DOWNLOADS > If you need assistance downloading papers from our web site, > please contact Mailto:[EMAIL PROTECTED] > > >T A B L E of C O N T E N T S >_________________________________________________________________ > >WORKING PAPERS > >"Free Lunch or Cheap Fix?: The Emissions Trading Idea and the > Climate Change Convention" > DAVID DRIESEN > Syracuse University > College of Law > > >"Environmental Self-Auditing: Setting the Proper Incentives for > Discovering and Correcting Environmental Harm" > ALEXANDER PFAFF > Columbia University > CHRIS SANCHIRICO > Columbia University > Department of Economics > > >NEW and FORTHCOMING ARTICLES > >"Environmental Disclosure and Evidentiary Privilege" > (University Of Illinois Law Review, Vol. 1997, No. 1, > 1997) > ERIC ORTS > University of Pennsylvania > PAULA MURRAY > University of Texas at Austin, Graduate School of > Business > > >"Environmental Regulation, Cost-Benefit Analysis, and the > Discounting of Human Lives" > (Columbia Law Review, May 1999) > RICHARD REVESZ > New York University, School of Law > > >"Critical Space Theory: Keeping Local Geography in American and > European Environmental Law" > (Tulane Law Review, Vol. 73, No. 2, 1998) > ROB VERCHICK > University of Missouri at Kansas City > > >S S R N I N F O R M A T I O N >_________________________________________________________________ > > * Partners in Publishing > * Administrative Information > - Missing issues & change of address > - Solicitation of abstracts > * Directors > * Advisory Board > * Subscription to SSRN Journals >_________________________________________________________________ > >ACQUIRING PAPERS > Download papers directly from the included web address or contact > the author or other contact person directly. Provide an address > to which the author or other contact person can send a paper > copy and mention that you saw the abstract in LSN. > >EDITORIAL POLICIES > To provide the broadest coverage of research in Environmental > Law and Policy we do not referee working papers. We accept > abstracts of all working papers in Environmental Law and Policy > whose topics suit the coverage of the journal and which are part > of the worldwide scholarly discourse. > > >W O R K I N G P A P E R Abstracts >_________________________________________________________________ > >"Free Lunch or Cheap Fix?: The Emissions Trading Idea and the > Climate Change Convention" > > BY: DAVID DRIESEN > Syracuse University > College of Law > >Document: Available from the SSRN Electronic Paper Collection: > http://papers.ssrn.com/paper.taf?abstract_id=138503 > > Date: October 28, 1998 > > Contact: DAVID DRIESEN > Email: Mailto:[EMAIL PROTECTED] > Postal: Syracuse University > College of Law > E.I. White Hall > Syracuse, NY 13244-1 USA > Phone: (315)443-4218 > Fax: (315)443-4141 > >ABSTRACT: > Emissions trading has become a key component of U.S. > environmental legal regimes. The U.S. has successfully lobbied > to make international environmental benefit trading, an expanded > form of emissions trading, a part of international efforts to > address the threat of global climate change through the > Framework Convention on Climate Change and the Kyoto Protocol to > that Convention. Legal scholars have lauded emissions trading as > a "free lunch" that will encourage innovation, enhance > democratic accountability, and reduce the cost of environmental > cleanup. This article argues that emissions trading functions as > a cheap fix, reducing short-term costs while tending to lessen > innovation and thwart democratic accountability. Because of > this, emissions trading will ultimately weaken efforts to > address complex environmental problems, unless policymakers > carefully limit trading programs to make sure that they do not > undermine innovation and democratic accountability. The author > recommends specific limits to international emissions trading > designed to avoid undermining the long-term efficacy of the > climate change regime. > > >JEL Classification: D7, K2, K3, O3, Q4, Q2, Q0 >______________________________ > >"Environmental Self-Auditing: Setting the Proper Incentives for > Discovering and Correcting Environmental Harm" > > BY: ALEXANDER PFAFF > Columbia University > CHRIS SANCHIRICO > Columbia University > Department of Economics > >Document: Available from the SSRN Electronic Paper Collection: > http://papers.ssrn.com/paper.taf?abstract_id=140510 > >Paper ID: USC Law School Working Paper No. 98-18 > > Contact: CHRIS SANCHIRICO > Email: Mailto:[EMAIL PROTECTED] > Postal: Columbia University > Department of Economics > 420 West 118th Street > MC 3308 > New York, NY 10027 USA > Phone: (212)854-4037 > Fax: (212)854-8059 > Co-Auth: ALEXANDER PFAFF > Email: Mailto:[EMAIL PROTECTED] > Postal: Columbia University > School of International and Public Affairs > 420 W118th Street, 10th floor > New York, NY 10027 USA > >Hard Copy Paper Requests: > Contact Katie Waitman Mailto:[EMAIL PROTECTED] Postal: > University of Southern California Law School, University Park, > Los Angeles, CA 90089. Phone:(213) 740-2551. Fax:(213) 740-5502. > >ABSTRACT: > Many firms have instituted a policy of conducting their own > "environmental audits" to test compliance with a complex array > of environmental regulations. Yet, commentators suggest that > self-auditing is still not as common as it should be because > firms fear that the information they gather will be used against > them. This paper analyzes the two-tiered incentive problem > raised by self-auditing-viz., incentives to both test for and > effect compliance. We find that conventional tort remedies fail > to produce an efficient amount of self-auditing. To fix the > problem we propose three separate solutions, each with differing > informational requirements and efficiency benefits, and each > distinct in its own way from current EPA policy. First, we > propose that punitive fines be reduced for firms that conduct > their own investigation, whether or not the firm has "fixed" the > harm that its investigation uncovers. Importantly, we argue that > the nature of the self-auditing incentive problem makes > conditioning on investigation informationally feasible, since it > is the potential observability of investigative effort that > produces the disincentive to investigation in the first place. > Our second solution conditions on firm disclosure. While this > solution allows for additional savings in government enforcement > costs, it raises serious informational issues regarding the > verifiability of disclosure. Lastly, we consider a solution that > we call "inverse negligence," wherein firms are fined > additionally for harms that they would have fixed, had they > learned about them through investigation. This solution requires > neither verifiable disclosure, nor observable investigation > effort, but does require additional information about the > firm's private cost of fixing harms. > >______________________________ > > >N E W and F O R T H C O M I N G Articles >_________________________________________________________________ > >"Environmental Disclosure and Evidentiary Privilege" > University of Illinois Law Review, Vol. 1997, No. 1, 1997 > > BY: ERIC ORTS > University of Pennsylvania > PAULA MURRAY > University of Texas at Austin, Graduate School of > Business > > Date: May 1997 > > Contact: ERIC ORTS > Email: Mailto:[EMAIL PROTECTED] > Postal: University of Pennsylvania > Philadelphia, PA 19104-6369 > Phone: (215)898-3018 > Fax: (215)573-2006 > Co-Auth: PAULA MURRAY > Email: Mailto:[EMAIL PROTECTED] > Postal: University of Texas at Austin, Graduate School of Business > Austin, TX 78712 USA > >ABSTRACT: > The proper treatment of voluntary environmental audits has > generated a considerable amount of debate at many levels. On one > side of the argument, industry has sought a privilege for > voluntary internal environmental audits, arguing that this > information allows a business to comply with environmental laws > and improve its environmental performance. On the other hand, > other groups, including many environmentalists and the > Environmental Protection Agency (EPA), oppose protection of this > information because they believe polluters will be able to > withhold evidence of environmental violations. > > In this article, Professors Orts and Murray wrestle with these > concerns in search of an acceptable resolution for both sides. > By examining the common-law development of the self-evaluative > privilege, they are able to evaluate the applicability of this > mechanism to environmental audits. Most notably, they point out > that self-evaluative practices are better seen in evidentiary > terms as remedial measures rather than confidential > consultations. > > Founded on this insight, Professors Orts and Murray then offer > a compelling resolution to this difficult dilemma: an > evidentiary self-evaluative privilege that is available only to > those businesses conducting their audits under a structured > EPA-supervised system of public disclosure. > > >JEL Classification: Q28, Q38 >______________________________ > >"Environmental Regulation, Cost-Benefit Analysis, and the > Discounting of Human Lives" > Columbia Law Review, May 1999 > > BY: RICHARD REVESZ > New York University, School of Law > > Contact: RICHARD REVESZ > Email: Mailto:[EMAIL PROTECTED] > Postal: New York University, School of Law > 40 Washington Sq. South > New York, NY 10012-1099 USA > Phone: (212)998-6185 > Fax: (212)995-4590 > >Hard Copy Paper Requests: > Request for hard copies should be directed to Libby Rohlfing, > New York University School of Law, 40 Washington Square South, > Rm. 411, New York, NY 10012-1099, phone: (212) 998-6214, fax: > (212) 995-4590, Mailto:[EMAIL PROTECTED] > >ABSTRACT: > Probably the most vexing problem raised by the cost-benefit > analysis of environmental regulation is how to deal with the > fact that the loss of human life generally does not occur > contemporaneously with the exposure to certain contaminants. In > some cases, the environmental exposure produces a harm with a > latency period whereas in others it produces harms to future > generations. > > Because there are essentially no empirical studies of the > value of lives threatened by latent harms, the valuations used > in regulatory analyses are from threats of instantaneous death > in workplace settings. Various adjustments then need to be > performed to obtain a defensible valuation. Discounting, to > reflect that the years lost occur later in a person's lifetime, > is one such adjustment, and it leads to a lowering of the value > of life. Upward adjustments need to be undertaken, however, to > account for the dread and involuntary nature of environmental > carcinogens as well as for higher income levels of the victims. > By not performing these adjustments, the regulatory process may > be undervaluing lives by as much as a factor of six, or even > more for particularly long latency periods. > > In the case of harms to future generations, discounting is > ethically unjustified. Because of the long time horizons of > environmental problems such as climate change, the rejection of > discounting is likely to lead to far more stringent responses to > global environmental problems. > > The Article underscores the extent to which the cases of > latent harms and harms to future generations are analytically > distinct, even though they have generally been treated as two > manifestations of the same problem. In the case of latent harms, > one needs to make intra-personal, intertemporal comparisons of > utility, whereas in the case of harms to future generations what > is needed is a metric against which to compare the utilities of > individuals living in different generations. Thus, the > appropriateness of discounting should be resolved differently in > the two contexts. > > >JEL Classification: Q28, Q38 >______________________________ > >"Critical Space Theory: Keeping Local Geography in American and > European Environmental Law" > Tulane Law Review, Vol. 73, No. 2, 1998 > > BY: ROB VERCHICK > University of Missouri at Kansas City > > Contact: ROB VERCHICK > Email: Mailto:[EMAIL PROTECTED] > Postal: University of Missouri at Kansas City > 5100 Rockhill Road > Kansas City, MO 64110-2499 USA > Phone: (816)235-2381 > Fax: (816)235-5276 > >ABSTRACT: > Recently, legal scholars have begun to explore the meaning and > significance of geographic space in law within the United States > and internationally, a project highlighted in a 1996 Stanford > Law Review symposium. Much of this discussion draws implicitly > and explicitly on critical legal theory in approaching > geographic themes -- suggesting the beginning of what the author > calls "Critical Space Theory." > > This article uses Critical Space Theory to address the legal > significance of geography in relation to two environmental > issues in the United States and the European Union: (1) > transborder waste transportation and (2) judicial standing. Each > issue raises questions of separation of powers and citizen > influence in government within the context of environmental > protection. The author briefly describes his notion of Critical > Space Theory, then applies it to the two environmental issues > above in the contexts of the U.S. and the E.U. The author finds > surprising contradictions in American and European policy > regarding the role of local participation, and argues for a more > consistent approach that values more strongly the views of > people who are geographically close to environmental problems. > > > >P A R T N E R S in P U B L I S H I N G >_________________________________________________________________ > >Editor and Subscription Information for Journals Carrying >Accepted or Recently Published Papers Abstracted in this Issue > >Please mention SSRN when subscribing to these journals. > > >UNIVERSITY OF ILLINOIS LAW REVIEW > >To subscribe: Business Manager, University of Illinois Law Review, >244A Law Bldg. m/c 594, 504 E. Pennsylvania Ave., Champaign, IL >61820. Phone:(217)333-3156. Fax:(217)244-1478. >_________________________________________________________________ > >COLUMBIA LAW REVIEW > Contact: Debora Davies > Email: Mailto:[EMAIL PROTECTED] > Postal: 435 W116St, Box A-26, Mail Code: 4025 > New York, NY 10027 > Phone: 212-854-4398 > Fax: No fax available > >To subscribe: Columbia Law Review, 435 W. 116th Street, New York, >NY 10027. Phone:(212)854-4398. Single issues: $10 U.S., $14 >foreign. Subscriptions: $44 U.S., $50.00 foreign. Prepayment by >check or money order required; credit cards not accepted. >_________________________________________________________________ > >TULANE LAW REVIEW > Editor: Anthony Pastor > Contact: Anthony Pastor > Postal: Tulane Law Review > 6329 Freret Street > New Orleans, LA 70118 > Phone: (504)865-5974 > >To Subscribe: Tulane Law Review Association, Amy Scott, Business >Director, Tulane University Law School, 6329 Freret St., New >Orleans, LA 70118. 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