Explain what the problem is with cost-benefit analysis. Explain what the precautionary principle is and why according to Kysar it is a better tool of public policy to deal with environmental crises.
1) Ackerman, F, and L Heinzerling. 2002. “Pricing the Priceless: Cost-Benefit Analysis of Environmental Protection.” University of Pennsylvania Law Review 150: 1553–84.
2) Testimony of David M. Driesen, University Professor, Syracuse University, Member Scholar Center for Progressive Reform Hearing Before The Judiciary Committee United States House Of Representatives Subcommittee on Regulatory Reform, Commercial and Antitrust Law Assessing The Obama Years: OIRA
3) Kysar, Douglas A. Regulating From Nowhere: Environmental Law and the Search for Objectivity. New Haven and London: Yale University Press, 2010.