9781560004295

Cutting Green Tape: Pollutants, Environmental Regulation and the Law

by
  • ISBN13:

    9781560004295

  • ISBN10:

    1560004290

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 1999-08-31
  • Publisher: Routledge
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Summary

Cutting Green Tape rethinks the nature and impact of the United States' environmental bureaucracy. Rather than continue unworkable, cumbersome, and often contradictory regulations, Cutting Green Tape prescribes a clearer tort legal system to settle disputes and demonstrates that clearly defined environmental property rights would reduce the threat of toxic substances. Among the many topics addressed are: air toxins policy; pollution, damages, and tort law; risk assessment, insurance, and public information; protecting groundwater; regulation of carcinogens; contracting for health and safety; and toxin torts by government. The book's central theme is that when common law remedies, with their burden of proof and standards of evidence, are replaced by the legislatively mandated regulatory regimes described, a problem emerges. The state police powers are given to bureaucratic decision makers who are limited only by the blunt instrument of political influence, rather than by the need to show harm or wrongdoing in an unbiased court (as the police are), or by a budget on expenditures set by Congress (as most bureaus are).

Table of Contents

Foreword ix
W. Kip Viscusi
Introduction: The Toxic Liability Problem: Why is It Too Large? 1(26)
Richard L. Stroup
Roger E. Meiners
Superfund and Risky Risk Reduction
27(32)
Bruce Yandle
Air Toxics Policy: Liabilities from Thin Air
59(24)
Richard L. Stroup
Toxic Torts by Government
83(16)
Bruce L. Benson
Common Law Approaches to Pollution and Toxic Tort Litigation
99(30)
Jo-Christy Brown
Roger E. Meiners
Rent Seeking on the Legal Frontier
129(22)
Bruce L. Benson
Toxic Torts: Problems of Damages and Issues of Liability
151(36)
David D. Haddock
Daniel D. Polsby
Insurance, Information, and Toxic Risk
187(36)
Donald N. Dewees
Contracting for Health and Safety: Risk Perception and Rational Choice
223(28)
Daniel K. Benjamin
Regulation of Carcinogens: Are Animal Tests a Sound Foundation?
251(30)
Aaron Wildavsky
Protecting Groundwater and the Unintended Transport of Toxic Substances by Water
281(26)
David T. Fractor
Improving the Reliability of Scientific Testimony in Court
307(10)
David E. Bernstein
Kenneth R. Foster
Peter W. Huber
About the Editors 317(2)
About the Contributors 319(6)
Index 325

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