Abstract
This article compares the relative merits of feasibility and cost-benefit based regulation, responding to a recent article by Jonathan Masur and Eric Posner on this topic. Normatively, it shows that the lack of correlation between non-subsistence consumption and welfare supports the argument that regulation should be strict, unless widespread plant shutdowns, which would seriously impact well-being, are involved. It demonstrates that a host of practical defects Masur and Posner find in feasibility analysis would infect cost-benefit analysis as well in light of the importance of cost's distribution, the feasibility principle respresents a reasonable effort to politically resolve difficult normative issues.
Original language | English (US) |
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Pages (from-to) | 314-341 |
Number of pages | 28 |
Journal | Harvard Environmental Law Review |
Volume | 35 |
Issue number | 2 |
State | Published - 2011 |
ASJC Scopus subject areas
- Environmental Science (miscellaneous)
- Management, Monitoring, Policy and Law
- Law