Regulation by Litigation -- The Diesel Engine Episode (No. 25)


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.

In addition to this Policy Series, the complete research paperis available on the PERC site.

Andrew Morriss is the author or coauthor of more than 50 scholarly articles, books, and book chapters. He serves as a Research Fellow at the New York University Center for Labor and Employment Law, a Senior Fellow at the Property & Environment Research Center in Bozeman, Montana, and a Senior Scholar at the Mercatus Center at George Mason...
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Bruce Yandle is a consultant, writer and speaker on economics and political economy. He is Mercatus Center Distinguished Adjunct Professor of Economics at George Mason University and participates regulatory in the Center’s Capitol Hill lecture series. Yandle is Dean Emeritus of Clemson University’s College of Business & Behavioral Science and...
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Lea-Rachel Kosnik is an adjunct professor at Montana State University and was a PERC Research Associate when preparing this study. Kosnik received her Ph.D. from the University of California, Los Angeles.
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