Regulating from Nowhere: Environmental Law and the Search for Objectivity

Drawing insight from a diverse array of sources, Douglas A. Kysar exposes a critical flaw in the dominant environmental law and policy paradigm of risk assessment and cost-benefit analysis, which asks policy makers to, in essence, "regulate from nowhere." As Kysar shows, such an objectivist stance fails to adequately motivate ethical engagement with the most pressing and challenging aspects of environmental law and policy, which concern how we relate to future generations, foreign nations, ...