FROM PROHIBITION TO MANDATE: THE PROBLEM OF COST IN ENVIRONMENTAL REGULATION

Written By: Cameron Franey

This Note explores the cost consideration for environmental regulations. Environmentalists and the energy industry regularly disagree over whether cost considerations are reasonably read into otherwise silent statutes and administrative rules promulgated by the EPA. Varying outcomes muddle environmental regulations and lead to an opaque rule-making process when the EPA attempts to promulgate rules based on environmental regulations.

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