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I offer three modest proposals for what we might do to improve environmental law in the United States in the next generation. They are: (1) increased use of nvironmental markets ("cap and trade" or bubble programs) and other incentive-based regulatory instruments; (2) retroactive application of the Chevron decision, which would help to clear out some of the policy underbrush left by overly aggressive past court
decisions; and (3) increased use of information production and dissemination as a strategy to stimulate so-called "voluntary" actions to protect the environment.
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