![handle is hein.journals/arijel10 and id is 1 raw text is:
ARIZONA JOURNAL
OF
ENVIRONMENTAL LAW & POLICY
VOLUME 10 FALL 2019 ISSUE 1
CONTINUITY AND TRANSFORMATION IN ENVIRONMENTAL
REGULATION
Dan Farber*
I. Alternative Regulatory Tools 4
A. Economic Tools 5
B. Voluntary Programs, Informational Strategies, and Collaborative
Governance 10
II. Federalism and Beyond 16
A. Arguments for Federalism 16
B. State and Local Governments as Climate Policy Initiators 18
III. An Emerging Climate Governance Regime 25
A. Feedback Effects 25
B. Conceptualizing Climate Governance as Ecosystem
State and Local Governments as Climate Policy Initiators 29
IV. Conclusion 32
Since the modern era of environmental regulation began in the 1970s,
there have been arguments for replacing it with something else. Surely, critics
have argued, it was possible to improve on a rigid hierarchy from the issuance of
federal uniform standards to state implementation of firm compliance.1
Conventional regulation, it has been said, is too clumsy, too slow, too inefficient.2
Yet, there is little sign the traditional paradigm is fading away.3
Commentators have proposed several replacements for conventional
regulation by EPA, including the adoption of new regulatory approaches and
Sho Sato Professor of Law and Faculty Director of the Center for Law, Energy, and the
Environment at the University of California, Berkeley.
I Richard B. Stewart, A New Generation of Environmental Regulation, 20 CAP. L. REV. 21, 154
(2001).
2 Id. at 31-35, 157. Stewart catalogued the arguments against conventional regulation, calling it
centralized planning without the planning. In his view, [t]he fundamental defect is the
pervasive and indiscriminate effort to specify and control the details of conduct by myriad actors
throughout the nation and its economy.
3 Id. at 21-24.](ViewImageLocal?handle=hein.journals/arijel10&div=1&collection=&method=preview&ext=.png&size=3)
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