Document Type

Article

Publication Title

Minnesota Law Review

Abstract

Five years ago, I challenged the race-to-the-bottom rationale for allocating to the federal government responsibility over environmental regulation. Last year, I criticized the manner in which the federal environmental statutes have dealt with the problem of interstate externalities. In two more recent works, I have further extended my analysis of federalism and environmental regulation. In the past few months, articles by Kirsten Engel, Daniel Esty, Joshua Sarnoff, and Peter Swire have taken issue with my work in this area, particularly with my indictment of the race-to-the-bottom rationale for federal environmental regulation. In this essay, I respond to these critics, hoping that the ensuing debate will help to clarify a set of issues that has considerable public policy significance.

First Page

535

Volume

82

Publication Date

1997

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