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Regulations to Supplement Weak Environmental Liability

Author

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  • Calcott Paul

    (Victoria University of Wellington, 23 Lambton Quay, Wellington 6140, New Zealand)

Abstract

Liability for environmental harm is often capped when precaution meets a minimum requirement and is often applied in conjunction with regulations. The correct setting for such regulations depends on the approach that courts take to evaluating the minimum requirement. It may also depend on which of the minimum requirement and capped liability is the more pressing consideration for the firm. Regulatory design is more straightforward when it is capped liability that is more pressing.

Suggested Citation

  • Calcott Paul, 2016. "Regulations to Supplement Weak Environmental Liability," The B.E. Journal of Economic Analysis & Policy, De Gruyter, vol. 16(4), pages 1-14, October.
    • Handle: RePEc:bpj:bejeap:v:16:y:2016:i:4:p:14:n:7
    DOI: 10.1515/bejeap-2015-0172
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    References listed on IDEAS

    as
    1. Bartsch, Elga, 1997. "Environmental liability, imperfect information, and multidimensional pollution control," International Review of Law and Economics, Elsevier, vol. 17(1), pages 139-146, March.
    2. Schmitz, Patrick W., 2000. "On the joint use of liability and safety regulation," International Review of Law and Economics, Elsevier, vol. 20(3), pages 371-382, September.
    3. Hiriart, Yolande & Martimort, David & Pouyet, Jerome, 2004. "On the optimal use of ex ante regulation and ex post liability," Economics Letters, Elsevier, vol. 84(2), pages 231-235, August.
    4. Klein, Benjamin & Crawford, Robert G & Alchian, Armen A, 1978. "Vertical Integration, Appropriable Rents, and the Competitive Contracting Process," Journal of Law and Economics, University of Chicago Press, vol. 21(2), pages 297-326, October.
    5. Lori S. Bennear, 2015. "Offshore Oil and Gas Drilling: A Review of Regulatory Regimes in the United States, United Kingdom, and Norway," Review of Environmental Economics and Policy, Association of Environmental and Resource Economists, vol. 9(1), pages 2-22.
    6. Kolstad, Charles D & Ulen, Thomas S & Johnson, Gary V, 1990. "Ex Post Liability for Harm vs. Ex Ante Safety Regulation: Substitutes or Complements?," American Economic Review, American Economic Association, vol. 80(4), pages 888-901, September.
    7. Calcott, Paul & Hutton, Stephen, 2006. "The choice of a liability regime when there is a regulatory gatekeeper," Journal of Environmental Economics and Management, Elsevier, vol. 51(2), pages 153-164, March.
    8. Burrows, Paul, 1999. "Combining regulation and legal liability for the control of external costs," International Review of Law and Economics, Elsevier, vol. 19(2), pages 227-244, June.
    9. Bhole, Bharat & Wagner, Jeffrey, 2008. "The joint use of regulation and strict liability with multidimensional care and uncertain conviction," International Review of Law and Economics, Elsevier, vol. 28(2), pages 123-132, June.
    10. Innes, Robert, 2004. "Enforcement costs, optimal sanctions, and the choice between ex-post liability and ex-ante regulation," International Review of Law and Economics, Elsevier, vol. 24(1), pages 29-48, March.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    liability; regulation;

    JEL classification:

    • K32 - Law and Economics - - Other Substantive Areas of Law - - - Energy, Environmental, Health, and Safety Law
    • Q58 - Agricultural and Natural Resource Economics; Environmental and Ecological Economics - - Environmental Economics - - - Environmental Economics: Government Policy

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