Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health

Hardcover
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Author: Richard Revesz

ISBN-10: 0195368576

ISBN-13: 9780195368574

Category: Environmental Law - General & Miscellaneous

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That America's natural environment has been degraded and despoiled over the past 25 years is beyond dispute. Nor has there been any shortage of reasons why-short-sighted politicians, a society built on over-consumption, and the dramatic weakening of environmental regulations. In Retaking Rationality, Richard L. Revesz and Michael A. Livermore argue convincingly that one of the least understood-and most important-causes of our failure to protect the environment has been a misguided rejection of reason. The authors show that environmentalists, labor unions, and other progressive groups have declined to participate in the key governmental proceedings concerning the cost-benefit analysis of federal regulations. As a result of this vacuum, industry groups have captured cost-benefit analysis and used it to further their anti-regulatory ends. Beginning in 1981, the federal Office of Management and Budget and the federal courts have used cost-benefit analysis extensively to determine which environmental, health, and safety regulations are approved and which are sent back to the drawing board. The resulting imbalance in political participation has profoundly affected the nation's regulatory and legal landscape. But Revesz and Livermore contend that economic analysis of regulations is necessary and that it needn't conflict with-and can in fact support-a more compassionate approach to environmental policy. Indeed, they show that we cannot give up on rationality if we truly want to protect our natural environment. Retaking Rationality makes clear that by embracing and reforming cost-benefit analysis, and by joining reason and compassion, progressive groups can help enact strong environmental and public health regulation.

Prologue: Reason and Compassion     1Decisions Are Made by Those Who Show UpThe Case for Cost-Benefit Analysis     9The Walls Go Up     21Missed Opportunities     31Winning the Good Fight (Sometimes)     47Eight Fallacies of Cost-Benefit AnalysisAll Unintended Consequences Are Bad     55Wealth Equals Health     67Older People Are Less Valuable     77People Cannot Adapt     85People Always Want to Put Off Bad Things     95We Are Worth More than Our Children     107People Value Only What They Use     119Industry Cannot Adapt     131The Sum of All the Fallacies     145Instituting Regulatory RationalityRegulatory Hurdles     151Shaky Foundation     163Rethinking OIRA     171Balancing the Scales     185Epilogue: Self-Fulfilling Prophecies     191Acknowledgments     195Notes     197Index     237