Elgar Encyclopedia of Environmental Law
Edited by Michael Faure
- Copyright
- Foreword to the Encyclopedia
- Volume I: Climate Change Law
- Contributors
- Introduction to Volume I
- General Themes
- International Law Perspective
- National and Regional Perspectives on Reducing Greenhouse Gases
- Adaptation
- Conclusions
- Volume II: Decision Making in Environmental Law
- Editors and contributors
- Foreword to Volume II
- Introduction to Volume II
- Legal Foundations for Environmental Decision Making
- Federalism and Shared Authority
- Goals and Control Strategies
- Chapter II.11: Goal-setting in environmental decision making
- Chapter II.12: Regulatory strategy diversity in United States environmental law
- Chapter II.13: Market-based control strategies
- Chapter II.14: Decisions about emissions trading design
- Chapter II.15: Information mandates as environmental regulation
- Chapter II.16: The law of environmental planning
- Chapter II.17: Environmental permits: origins and nature and recent tendencies
- Chapter II.18: Motivating without mandates? The role of voluntary programs in environmental governance
- Chapter II.19: Private environmental governance
- Environmental and Regulatory Review
- Participation, Public Engagement and Access to Information
- Access to Justice/Final Decision Making
- Volume III: Biodiversity and Nature Protection Law
- Editors and contributors
- Foreword to Volume III
- Acknowledgments
- Introduction to Volume III: The research challenges of international biodiversity law
- Historical and Conceptual Background
- Principles and Approaches
- Key Themes
- Cross-cutting Issues
- Actors
- Implementation, Enforcement and Compliance
- Volume IV: Compliance and Enforcement of Environmental Law
- Editors and contributors
- Foreword to Volume IV
- Introduction to Volume IV
- Non-regulatory Approaches to Compliance
- Civil Enforcement
- Criminal Enforcement
- Special Issues in Compliance and Enforcement
- Volume V: Multilateral Environmental Treaties
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume V
- Abbreviations
- Introduction to Volume V
- Part 1: Biodiversity
- Part 2: Marine Environmental Protection
- Part 3: Shared Fresh Water Resources
- Part 4: Atmosphere
- Part 5: Hazardous Waste
- Part 6: Climate Change
- Part 7: Procedural Obligations and Procedural Human Rights
- Part 8: Natural Resources
- Part 9: Antarctic/Arctic Regions
- Volume VI: Principles of Environmental Law
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VI
- Abbreviations
- Introduction to Volume VI
- General Concepts
- The Principles, Existing and Emerging
- Geographical Differentiation of Principles
- The Principles in International Environmental Agreements
- The Principles in Court
- The Principles in International Practice
- Volume VII: Human Rights and the Environment
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors, Editorial Advisory Board and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VII
- Abbreviations
- Introduction to Volume VII: new dimensions in human rights and the environment
- Legality
- Indivisibility
- Dignity
- Geography
- Volume VIII: Policy Instruments in Environmental Law (forthcoming)
- Volume IX: Water Law (forthcoming)
- Volume X: Trade and Environmental Law (forthcoming)
- Volume XI: Chemicals and the Law (forthcoming)
- Volume XII: Energy Law and the Environment (forthcoming)
Chapter II.12: Regulatory strategy diversity in United States environmental law
William W Buzbee
Encyclopedia Chapter
- Published in print:
- Oct 2016
- Category:
- Encyclopedia Chapter
- Pages:
- 164–175
- Copyright:
- © The Editor and Contributors Severally 2015
Although sometimes maligned as unduly rigid and inefficient, United States environmental laws in reality use a variety of regulatory design strategies and policy tools that are conducive to regulatory tailoring, dynamism, and improvement. These laws often call for several steps of refined regulatory judgments, and also to varying degrees embrace in their implementation use of markets or market-mimicking mechanisms. Most US environmental laws are also drafted with an array of nuanced strategies designed to lessen predictable forms of regulatory error and failure. A rich array of participatory and enforcement rights make US environmental law unlikely to be unimplemented or violated with impunity. This chapter discusses the reason for this regulatory tool diversity, highlights several different regulatory steps and structures in most laws, and the diverse strategies and tools utilized to address environmental harms and risks.
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Further information
or login to access all content.- Copyright
- Foreword to the Encyclopedia
- Volume I: Climate Change Law
- Contributors
- Introduction to Volume I
- General Themes
- International Law Perspective
- National and Regional Perspectives on Reducing Greenhouse Gases
- Adaptation
- Conclusions
- Volume II: Decision Making in Environmental Law
- Editors and contributors
- Foreword to Volume II
- Introduction to Volume II
- Legal Foundations for Environmental Decision Making
- Federalism and Shared Authority
- Goals and Control Strategies
- Chapter II.11: Goal-setting in environmental decision making
- Chapter II.12: Regulatory strategy diversity in United States environmental law
- Chapter II.13: Market-based control strategies
- Chapter II.14: Decisions about emissions trading design
- Chapter II.15: Information mandates as environmental regulation
- Chapter II.16: The law of environmental planning
- Chapter II.17: Environmental permits: origins and nature and recent tendencies
- Chapter II.18: Motivating without mandates? The role of voluntary programs in environmental governance
- Chapter II.19: Private environmental governance
- Environmental and Regulatory Review
- Participation, Public Engagement and Access to Information
- Access to Justice/Final Decision Making
- Volume III: Biodiversity and Nature Protection Law
- Editors and contributors
- Foreword to Volume III
- Acknowledgments
- Introduction to Volume III: The research challenges of international biodiversity law
- Historical and Conceptual Background
- Principles and Approaches
- Key Themes
- Cross-cutting Issues
- Actors
- Implementation, Enforcement and Compliance
- Volume IV: Compliance and Enforcement of Environmental Law
- Editors and contributors
- Foreword to Volume IV
- Introduction to Volume IV
- Non-regulatory Approaches to Compliance
- Civil Enforcement
- Criminal Enforcement
- Special Issues in Compliance and Enforcement
- Volume V: Multilateral Environmental Treaties
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume V
- Abbreviations
- Introduction to Volume V
- Part 1: Biodiversity
- Part 2: Marine Environmental Protection
- Part 3: Shared Fresh Water Resources
- Part 4: Atmosphere
- Part 5: Hazardous Waste
- Part 6: Climate Change
- Part 7: Procedural Obligations and Procedural Human Rights
- Part 8: Natural Resources
- Part 9: Antarctic/Arctic Regions
- Volume VI: Principles of Environmental Law
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VI
- Abbreviations
- Introduction to Volume VI
- General Concepts
- The Principles, Existing and Emerging
- Geographical Differentiation of Principles
- The Principles in International Environmental Agreements
- The Principles in Court
- The Principles in International Practice
- Volume VII: Human Rights and the Environment
- Elgar Encyclopedia of Environmental Law
- Copyright
- Editors, Editorial Advisory Board and contributors
- Foreword to the Encyclopedia
- Foreword to Volume VII
- Abbreviations
- Introduction to Volume VII: new dimensions in human rights and the environment
- Legality
- Indivisibility
- Dignity
- Geography
- Volume VIII: Policy Instruments in Environmental Law (forthcoming)
- Volume IX: Water Law (forthcoming)
- Volume X: Trade and Environmental Law (forthcoming)
- Volume XI: Chemicals and the Law (forthcoming)
- Volume XII: Energy Law and the Environment (forthcoming)