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Regulating Energy and Natural Resources$
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Barry Barton, Alastair Lucas, Lila Barrera-Hernández, and Anita Rønne

Print publication date: 2006

Print ISBN-13: 9780199299874

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199299874.001.0001

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Alternatives to Conventional Regulation in United States Environmental Law

Alternatives to Conventional Regulation in United States Environmental Law

(p.335) 17 Alternatives to Conventional Regulation in United States Environmental Law
Regulating Energy and Natural Resources

George (Rock) Pring

Rick A. Feger

Oxford University Press

This chapter describes the alternatives debate in United States environmental law. In doing so, it highlights the fact that the energy industry has been the chief focus of the debate and the key ‘laboratory’ for experimentation with alternatives to command-control regulation in the environmental field. Section II reviews the arguments on both sides for and against command-control. Section III presents key examples of the hundreds of alternatives to command-control that are being used and proposed in the United States, illustrating how the country has become a ‘laboratory’ for experimentation with regulatory alternatives and even an ‘exporter’ of that product to the rest of the world. Finally, Section IV examines the trends for the future in the United States, predicting that command-control will continue to dominate, but that alternatives will increase.

Keywords:   United States, environmental law, command-control, alternative regulation

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