• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
    • Managing Board
    • Masthead
    • Advisory Board
    • Subscriptions
    • Alumni
  • Print Journal
    • Print Archives
    • Symposium
    • Submissions
  • Online Scholarship
    • Online Journal
      • Submissions
    • ELRS
      • About
      • Submissions
  • Membership

Harvard Environmental Law Review

Two Cheers for Feasible Regulation: A Modest Response to Masur and Posner

August 1, 2011 by wpengine

By David M. Driesen

This Article compares the relative merits of feasibility and cost-benefit based regulation, responding to a recent article by Jonathan Masur and Eric Posner on this topic. Normatively, it shows that the lack of correlation between non-subsistence consumption and welfare supports the argument that regulation should be strict, unless widespread plant shutdowns, which would seriously impact well-being, are involved. It demonstrates that a host of practical defects Masur and Posner find in feasibility analysis would infect cost-benefit analysis as well in light of the importance of cost’s distribution, the feasibility principle respresents a reasonable effort to politically resolve difficult normative issues.

Cite as: David M. Driesen, Two Cheers for Feasible Regulation: A Modest Response to Masur and Posner, 35 Harv. Envtl. L. Rev. 313 (2011).

[btn link=”http://www.law.harvard.edu/students/orgs/elr/vol35_2/Driesen.pdf” color=”forestGreen” size=”size-l”]View Full Article (PDF)[/btn]

Filed Under: Article, Print Articles Tagged With: cost-benefit analysis, economic theory, environmental policy, environmental regulation

Primary Sidebar

Subscribe to the HELR blog via email

Click here to subscribe!

Contact US

To contact the Harvard Environmental Law Review, please email the Editors-in-Chief at hlselr@mail.law.harvard.edu.

Follow us on Twitter

Tweets by HarvardELR

Footer

Get the Harvard Environmental Law Review in your inbox!

Copyright © 2023 · Magazine Pro on Genesis Framework · WordPress · Log in