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Publications

Viewing all publications in Academic Articles/Working Papers
  • Congress and the Executive
    Academic Article/Working Paper

    Congress and the Executive

    Challenging the Anti-Regulatory Narrative

    By Richard L. Revesz
    August 15, 2018

    Critics of the administrative state have been urging Congress to rein in regulatory action, claiming that regulations created by executive agencies are undesirable as a matter of policy and are in violation of constitutional principles. In a troubling development, the Trump Administration has also turned away from cost-benefit analysis in order to carry out its anti-regulatory agenda, disregarding an established bipartisan consensus that stretched back several decades. This article, published in the Michigan State Law Review, argues that this anti-regulatory position is unwarranted. These executive regulatory actions produced large net benefits to the American people, were carried out pursuant to authority delegated by Congress, and were reviewed by the courts. By contrast, more robust action by Congress, as long as Congress continues to exhibit its current gridlock on important policy issues like climate change, is unlikely to be beneficial.

  • The Future of Distributed Generation
    Academic Article/Working Paper

    The Future of Distributed Generation

    Moving Past Net Metering

    By Richard L. Revesz and Burcin Unel
    August 8, 2018

    This article provides an overview of the benefits and the costs of distributed generation and highlights the analytical flaws and missing elements in the competing positions and in most existing policies. We propose an alternative approach that recognizes the contributions to the electric grid of both utilities and distributed generators. The article is excerpted and revised from a longer academic article, “Managing the Future of the Electricity Grid: Distributed Generation and Net Metering,” which was selected by Environmental Law Reporter as one of the five best environmental law articles published in the 2017-2018 academic year.

  • Environmental Standards, Thresholds, and the Next Battleground of Climate Change Regulations
    Academic Article/Working Paper

    Environmental Standards, Thresholds, and the Next Battleground of Climate Change Regulations

    By Kimberly Castle and Richard Revesz
    April 11, 2018

    Regulations to curtail climate change have the additional benefit of reducing air pollution by accelerating the shift away from carbon-intensive and high-polluting energy such as coal. The benefits from reducing just one air pollutant – particulate matter – account for almost half of the quantified benefits of the Obama Administration’s Clean Power Plan. Regulatory opponents have launched an aggressive attack on the use of these benefits to justify climate change regulations. They claim that these benefits are not real, are accounted for in other regulations, or should not be considered because they are indirect benefits. This article, published in the Minnesota Law Review, collects and analyzes for the first time the robust support for valuing particulate matter and other air pollution reduction benefits. Following an examination of the scientific literature, longstanding agency practices under administrations of both major political parties, and judicial precedent, the authors conclude that particulate matter benefits deserve a meaningful role in regulatory cost-benefit analysis.

  • Federal Lands and Fossil Fuels
    Academic Article/Working Paper

    Federal Lands and Fossil Fuels

    Maximizing Social Welfare in Federal Energy Leasing

    By Jayni Hein
    March 23, 2018

    The Department of the Interior is tasked with managing the nation’s mineral resources and must earn a “fair market value” for the use of federal lands and resources. But in recent years, Interior’s coal, oil, and natural gas leasing programs have been criticized for failing to keep pace with developments in modern technology, shortchanging taxpayers, and failing to adequately account for climate change and other environmental effects. This article, published in the Harvard Environmental Law Review, suggests a rational path forward for federal fossil fuel leasing. Just as a private company would seek to maximize net revenue in its operations, Interior should seek to manage its program to provide maximum net benefits to the public, to whom public resources belong. This includes accounting for all of the costs and benefits of leasing—including environmental and social costs—and adjusting the fiscal terms of its fossil fuel leases to recoup unmitigated externality costs.

  • Monumental Decisions
    Academic Article/Working Paper

    Monumental Decisions

    One-Way Levers towards Preservation in the Antiquities Act and Outer Continental Shelf Lands Act

    By Jayni Hein
    March 19, 2018

    In new legal scholarship published in Environmental Law, Jayni Hein argues that the powers granted to the President in the Antiquities Act and Outer Continental Shelf Lands Act (OCSLA) operate in one direction only: towards preservation. Presidents do not have the authority to rescind or diminish national monument designations, nor to re-open previously withdrawn areas to offshore leasing. Congress, alone, retains this authority over public lands.