TITLE

The Tailoring Rule: Exemplifying the Vital Role of Regulatory Agencies in Environmental Protection

AUTHOR(S)
Wilensky, Meredith
PUB. DATE
May 2011
SOURCE
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p449
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
On May 13, 2010, the Environmental Protection Agency issued the Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule. Known as the Tailoring Rule, this regulation makes key adjustments to the statutory thresholds for permitting requirements in order to finally bring stationary sources ofgreenhouse gas emissions under federal regulation. This Note argues that the Tailoring Rule demonstrates how agencies serve a critical function in the context of public policy. Where the inherent characteristics of "wicked problems" like climate change prevent Congress from passing legislation, delegation to agencies provides renewed potential for government action that reflects the public interest. The classic advantages of administrative power, such as insulation, flexibility, and expertise, are particularly important in the context of "wicked problems" in two ways. First, delegation to agencies can ensure action where politics would otherwise prevent new legislation. Second, it can ensure that the public interest is prioritized over economic interests, providing more effective regulation.
ACCESSION #
66612354

 

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