Regulation by Litigation -- The Diesel Engine Episode (No. 25)


This paper discusses a new form of regulation. Rather than issuing rules, some government agencies, including the Environmental Protection Agency, have started to file lawsuits. With this approach, agencies can avoid congressional safeguards designed to rein in overly zealous regulators. They may also win acclaim for high-profile settlements, regardless of whether the regulatory objective is achieved.

In addition to this Policy Series, the complete research paperis available on the PERC site.

Andrew Morriss is the author or coauthor of more than 50 scholarly articles, books, and book chapters. He serves as a Research Fellow at the New York University Center for Labor and Employment Law, a Senior Fellow at the Property & Environment Research Center in Bozeman, Montana, and a Senior Scholar at the Mercatus Center at George Mason...
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 Bruce Yandle is Dean Emeritus of Clemson University's College of Business & Behavioral Science, Alumni Distinguished Professor of Economics Emeritus, Clemson University, Senior Fellow, PERC, Senior Fellow, Clemson's Thurmond Institute, and Distinguished Adjunct Professor of Economics, Mercatus Center at George Mason University.  Author of...
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Lea-Rachel Kosnik is an adjunct professor at Montana State University and was a PERC Research Associate when preparing this study. Kosnik received her Ph.D. from the University of California, Los Angeles.
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