technology-based standards

The Precarious Legality of Cost-Benefit Analysis

Cost-benefit analysis has become a ubiquitous part of regulation, enforced by the Office of Management and Budget.  A weak cost-benefit analysis means that the regulation gets kicked back to the agency.  Yet there is no statute that provides for this; it’s entirely a matter of Presidential dictate.  And reliance on cost-benefit analysis often flies in …


The California Supreme Court examines technology-based air quality emissions standards

The California Supreme Court granted review last week in a potentially important environmental case, National Paint and Coatings Association v. South Coast Air Quality Management District. The opinion of the Court of Appeal – certainly among the most colorfully-written appellate opinions I’ve ever read, and worth checking out for that reason alone – held that the …