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10 Ariz. J. Envtl. L. & Pol'y 1 (2019-2020)

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.

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