Politics Failed, Not Ideas

Donald Elliott, Yale Law School

Abstract

David Rejeski deserves great credit for his important and provocative study. He is of course only measuring perceptions of environmental accomplishments rather than actual indicators of environmental quality. Thus, his measures are skewed toward laws passed and regulations promulgated rather than tons reduced. But his finding that most of the creative legal developments in U.S. environmental law took place between 1970 and the mid-1990s is nonetheless striking and important.