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Environmental Markets and Beyond: Three Modest Proposals for the Future of Environmental Law, 29 Capital University Law Review 245 (2001)


I offer three modest proposals for what we might do to
improve environmental law in the United States in the next generation. 1
They are: (1) increased use of environmental 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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