Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses
- Share The University of Chicago Law Review | Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses on Facebook
- Share The University of Chicago Law Review | Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses on Twitter
- Share The University of Chicago Law Review | Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses on Email
- Share The University of Chicago Law Review | Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses on LinkedIn
Thanks to David Driesen, Jerry Ellig, Jake Gersen, Daniel Hemel, Jennifer Nou, Cathy Sharkey, David Strauss, Cass Sunstein, Kip Viscusi, and participants at workshops at The University of Chicago Law School and Syracuse Law School for helpful comments, to the Russell Baker Scholars Fund, the David and Celia Hilliard Fund, and the Wachtell, Lipton, Rosen & Katz Program in Behavioral Law, Finance and Economics for research support, and to Mei Ying Barnes, Hanan Cidor, Kathrine Gutierrez, Christina McClintock, Isabella Nascimento, Holly Newell, and Michael Wheat for excellent research assistance.
CBA is a decision procedure whose normative basis is what Professor Matthew Adler and one of us has called weak welfarism. Welfarism is the principle that the well-being of people is morally important.
The default rule for judicial review of agency action is that review is available under the Administrative Procedure Act (APA) for agency actions that are both ripe and final.