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The casebook introduces students to the reasons for regulation, the ways in which regulation can go awry, the choice of legal institutions, the choice of regulatory instruments, and the art of statutory interpretation. The book uses several substantive subject areas as recurring themes, all involving the regulation of risk. The primary market for this casebook are law students taking a course on the Regulatory State; a secondary market may be found in schools of public policy.

Over the years, considerable debate has emerged surrounding the use of cost-benefit analysis (CBA) to analyze and make recommendations for environmental and safety regulations. This work analyzes the use of CBA in three case studies: the Clean Air Interstate Rule, the Clean Air Mercury Rule, and the Cooling Water Intake Structure Rule (Phase II).

Over the past decades, considerable debate has emerged surrounding the use of cost-benefit analysis (CBA) to analyze and make recommendations for environmental and safety regulations. Critics argue that CBA forces values on unquantifiable factors, that it does not adequately measure benefits across generations, and that it is not adaptable in situations of uncertainty. Proponents, on the other hand, believe that a well-done CBA provides useful, albeit imperfect, information to policymakers precisely because of the standard metrics that are applied across the analysis. Largely absent from the...