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Name of Article:
An Analysis of the Rights-Based Justification for Federal Intervention in Environmental Regulation 
Title of Book/Journal:
Duke Environmental Law & Policy Forum 
Type:
Article 
English Translation:
 
Publication Date:
Fall 2003     
Author(s):
Gartenstein-Ross, Daveed
 Editor(s):
 
Volume:
14 
Issue:
Pages: 185    
Corporate Author:
 
Publisher:
   
EPA Number:
 
Other Number:
   
Keyword(s):
LAW-ENVIRONMENTAL
Comments:
 
 
 
 
    
 
Annotation:
This article assumes that rights-based justification is valid, and the author argues that, even if the rights-based justification is seen as a compelling reason for federal intervention, it fits poorly with the present regulatory system. The author argues that the U.S. federal government's current approach to environmental regulation is both overinclusive and underinclusive with respect to the rights-based justification. The regulatory system is overinclusive because federal regulations apply even in areas where aggregate pollution levels are low enough that citizens' environmental rights are not violated. The regulatory system is simultaneously underinclusive because it does not guarantee any minimal level of environmental quality.
 
 
       
 
 
 

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Last updated on Monday, December 2nd, 2002
URL: http://www.epa.gov/compliance/environmentaljustice/index.html