judicial review

Ninth Circuit affirms that ignorance is bliss

Lack of information is a continuing problem for environmental policy. In part, that’s unavoidable; we’ll never know enough about the world around us to be confident that we’re making the best choices. In part it is because potential regulatory targets control some needed information. And in significant part it’s because decisionmakers have a tendency to …

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Climate Change versus the Benzene Case

The Benzene Case — more properly, Industrial Union Dept. v. American Petroleum Inst. — is almost thirty years old, but is still the Supreme Court’s most important statement on risk regulation.  After considering mountains of evidence, OSHA issued a rule restricting benzene in the workplace.  Benzene was known to be a carcinogen; the evidence was …

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