Notice & Comment

Notice & Comment

Notice & Comment

D.C. Circuit Review – Reviewed:  Starting Slow

The D.C. Circuit opened 2023 with what could turn out to be the slowest week of the year.  The court issued no opinions.  It heard no oral arguments.  And it issued only two brief unpublished judgments.  I don’t begrudge the judges, clerks, and court staff their rest. But I must say it would’ve been helpful, […]

Notice & Comment

A Landmark Centennial From a Land Marked By the Past, by Sam Spiegelman

December 11, 2022, marked the centennial of the U.S. Supreme Court’s landmark regulatory takings decision—Pennsylvania Coal Co. v. Mahon, 260 U.S. 393 (1922). Readers familiar with land-use law are likely well-acquainted with the case most often identified as the beginning of the “regulatory takings” doctrine. But it takes some digging to fully appreciate Pennsylvania Coal’s consequential—though […]

Notice & Comment

Step Aside Chester Bowles, by Cary Coglianese

*This is the introduction to a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Regulations on the books can do little good if they are seldom followed. Only if regulations induce compliance—and change the behavior of the businesses and other entities to which […]

Notice & Comment

Environmental Regulation in the U.S.: Popular Myths, the Reality, and How to Do it Better, by Catherine R. McCabe

*This is the first post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. With her new book Next Generation Compliance: Environmental Regulation for the Modern Era, Cynthia Giles offers a comprehensive and uniquely well-informed view of the state of compliance with […]

Notice & Comment

Human Behavior and the Design of Environmental Rules: A Commentary on Cynthia Giles’ Next Generation Compliance: Environmental Regulation for the Modern Era, by Paul J. Ferraro

*This is the second post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Environmental problems are human behavior problems. Thus, designing environmental solutions relies as much on our understanding of how best to change human behavior as it relies on our […]

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Fixing What’s Wrong with Environmental Enforcement, by Robert L. Glicksman

*This is the third post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. No one disputes the central role that enforcement plays in any regulatory regime. In its latest Strategic Plan, the federal Environmental Protection Agency states that “A robust compliance […]

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Let’s Decide to Learn Faster: Delivering More Effective Environmental Policy through Next Generation Compliance, by Joseph E. Aldy

*This is the fourth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. “Let’s decide to learn faster” (p. 277). Cynthia Giles closes the last chapter of Next Generation Compliance with this simple, powerful admonition for improving regulatory performance. Drawing from […]

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A Playbook on How to Achieve Compliance With Environmental Regulations, by Seema Kakade

*This is the fifth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Next Generation Compliance by Cynthia Giles is a must read for anyone interested in how environmental regulations actually work (or don’t work). Giles’ book is dedicated to identifying […]

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Constructing Environmental Compliance, by Daniel E. Ho & Colleen Honigsberg

*This is the sixth post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Textbook environmental compliance goes a bit like this: After Congress passes a statute, EPA writes rules to set pollution standards, informed by a cost-benefit analysis. Cooperative federalism means […]

Notice & Comment

The Real World is Messy, by Cynthia Giles

*This is the seventh and final post on a symposium on Cynthia Giles’ “Next Generation Compliance: Environmental Regulation for the Modern Era.” For other posts in the series, click here. Anyone involved in the debates about environmental policy knows how uncommon it is for environmental lawyers, economists, and practitioners to agree. So, I am thrilled that […]

Notice & Comment

The IRS Audits Trump

In a widely anticipated move, the House Ways & Means Committee released a report on how the IRS audited Donald Trump’s tax returns. The W&M report along with the related Joint Committee on Taxation report show that Trump had ongoing audits with the IRS before he assumed office. The IRS continued those audits throughout the […]