This note discusses the role of cost-benefit analysis in environmental regulations.
Despite an uptick in legal scholarship addressing resiliency and climate adaptation in general, very little of it analyzes the historic disparity between greater ex post public expenditures to recover from disasters and relatively smaller ex ante investments in disaster preparedness and prevention. This Article addresses the gap in the literature and identifies the circumstances under which investments in disaster preparedness and prevention occur. It concludes that, although these investments are more likely to occur than the public choice scholarship suggests, they face challenges that the public choice claim masks.
In this Article, we explore the problem of beneficial insect population decline and evaluate the utility of existing federal law to reverse the trend. We offer solutions that can be implemented by the U.S. Environmental Protection Agency (EPA) under existing federal laws without the need for additional congressional action.