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Regulation by Litigation: The Diesel Engine Episode


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.

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Written By
  • Bruce Yandle
    • Senior Fellow Emeritus
  • Andrew P. Morriss
    Andrew P. Morriss
    • Senior Fellow

    Andrew P. Morriss is a PERC senior fellow and professor at the Bush School of Government and Public Service and the School of Law at Texas A&M University.

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