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Failed PromisesEvaluating the Federal Government's Response to Environmental Justice$
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David M. Konisky

Print publication date: 2015

Print ISBN-13: 9780262028837

Published to MIT Press Scholarship Online: September 2015

DOI: 10.7551/mitpress/9780262028837.001.0001

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PRINTED FROM MIT PRESS SCHOLARSHIP ONLINE (www.mitpress.universitypressscholarship.com). (c) Copyright The MIT Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in MITSO for personal use.date: 06 July 2022

Assessing the EPA’s Experience with Equity in Standard Setting

Assessing the EPA’s Experience with Equity in Standard Setting

(p.84) (p.85) 4 Assessing the EPA’s Experience with Equity in Standard Setting
Failed Promises

Douglas S. Noonan

The MIT Press

This chapter discusses the environmental justice issues that arise in the context of standard-setting. Specifically, the chapter evaluates the degree to which the EPA has effectively considered distributional issues in its rulemaking. The author begins the chapter by examining the set of policy instruments (command-and-control regulation, market-based mechanisms, and information-based approaches) that the EPA can pursue to achieve its goals under the statutes it implements, and how instrument choice can create different types of distributive and procedural justice concerns. The chapter then explores a variety of equity concerns that have arisen in EPA rulemaking in practice under a variety of pollution control laws including the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act, and argues that the EPA has largely fallen short of incorporating equity considerations as part of standard-setting. The chapter concludes with a discussion of some recent progress, but notes that much is left to be accomplished.

Keywords:   Environmental justice, Distributional impacts, Standard setting, Policy instruments, Rulemaking, Clean Air Act, Clean Water Act, Resource Conservation and Recovery Act

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