Summary
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 paper is available on the PERC site.
Bruce Yandle is a senior associate at PERC, alumni distinguished professor of economics emeritus at Clemson University, and faculty member with George Mason University�??s Capitol Hill Campus. Yandle received an A.B. from Mercer University and a Ph.D. from Georgia State University. He served as senior economist on the President�??s Council on Wage and Price Stability and as executive director of the Federal Trade Commission. Yandle is author or editor of many books including The Political Limits of Environmental Regulation, Common Sense and Common Law for the Environment, and Land Rights: The 1990s�?? Property Rights Rebellion. He is a member of the editorial board of the European Journal of Law & Economics.
Andrew P. Morriss is a senior associate at PERC, alumni distinguished professor of economics emeritus at Clemson University, and faculty member with George Mason University�??s Capitol Hill Campus. Yandle received an A.B. from Mercer University and a Ph.D. from Georgia State University. He served as senior economist on the President�??s Council on Wage and Price Stability and as executive director of the Federal Trade Commission. Yandle is author or editor of many books including The Political Limits of Environmental Regulation, Common Sense and Common Law for the Environment, and Land Rights: The 1990s�?? Property Rights Rebellion. He is a member of the editorial board of the European Journal of Law & Economics.
Lea-Rachel Kosnik is a PERC research associate and adjunct professor at Montana State University. Kosnik received her B.A. from the University of Michigan and Ph.D. from the University of California, Los Angeles. She has spent time in Turkey as a Fulbright Scholar but now focuses her research efforts on natural resource and environmental issues in the United States.
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