Administrative Law Review
In this Article, the authors provide a case study of heavy-duty diesel engine regulation under the Clean Air Act, which reveals how the Environmental Protection Agency (EPA) chooses various means of regulation at different times. The Article relates the EPA's choices to the incentives the agency faces. The Article also shows how the different forms of regulatory activity influence agency regulations. Finally, the Article concludes with a critique of regulation-by-litigation as a means of imposing substantive rules.
Andrew P. Morriss, Bruce Yandle & Andrew Dorchak,
Regulating by Litigation: The EPA's Regulation of Heavy-Duty Diesel Engines,
Admin. L. Rev.
Available at: https://scholarship.law.tamu.edu/facscholar/470