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On and Off the Liability Bandwagon: Explaining State Adoptions of Strict Liability in Hazardous Waste Programs

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  • Alberini, Anna
  • Austin, David

Abstract

We test a model of states' adoption of the hazardous waste liability regime (negligence, strict liability) providing greater net benefits. The likelihood of adopting strict liability increases in a state's number of chemical-intensive manufacturing plants, decreases in the number of large mining establishments. Also predictive: severity of state's hazardous waste problem, effectiveness of other state environmental programs, and political climate. States may view strict liability as better for industrial than mining pollution, and may be partly motivated by "precaution targeting" and "deep pockets" mentality. Non-adopters may wish not to discourage business or have other programs that substitute for strict liability. Copyright 1999 by Kluwer Academic Publishers

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Bibliographic Info

Article provided by Springer in its journal Journal of Regulatory Economics.

Volume (Year): 15 (1999)
Issue (Month): 1 (January)
Pages: 41-63

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Handle: RePEc:kap:regeco:v:15:y:1999:i:1:p:41-63

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Web page: http://www.springerlink.com/link.asp?id=100298

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  1. Cropper, Maureen L. & William N. Evans & Stephen J. Berard & Maria M. Ducla-Soares & Paul R. Portney, 1992. "The Determinants of Pesticide Regulation: A Statistical Analysis of EPA Decision Making," Journal of Political Economy, University of Chicago Press, vol. 100(1), pages 175-97, February.
  2. Shreekant Gupta & George Van Houtven & Maureen Cropper, 1996. "Paying for Permanence: An Economic Analysis of EPA's Cleanup Decisions at Superfund Sites," RAND Journal of Economics, The RAND Corporation, vol. 27(3), pages 563-582, Autumn.
  3. Viscusi, W. Kip, 1996. "Fatal Tradeoffs: Public and Private Responsibilities for Risk," OUP Catalogue, Oxford University Press, number 9780195102932.
  4. Ringleb, Al H & Wiggins, Steven N, 1990. "Liability and Large-Scale, Long-term Hazards," Journal of Political Economy, University of Chicago Press, vol. 98(3), pages 574-95, June.
  5. Richard K. Harper & Stephen C. Adams, 1996. "Cercla And Deep Pockets: Market Response To The Superfund Program," Contemporary Economic Policy, Western Economic Association International, vol. 14(1), pages 107-115, 01.
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Cited by:
  1. Austin, David & Alberini, Anna, 1999. "Accidents Waiting to Happen: Liability Policy and Toxic Pollution Releases," Discussion Papers dp-99-29, Resources For the Future.
  2. Hilary Sigman, 2009. "Environmental Liability and Redevelopment of Old Industrial Land," NBER Working Papers 15017, National Bureau of Economic Research, Inc.
  3. Vera Angelova & Giuseppe Attanasi & Yolande Hiriart, 2012. "Relative Performance of Liability Rules: Experimental Evidence," Jena Economic Research Papers 2012-012, Friedrich-Schiller-University Jena, Max-Planck-Institute of Economics.
  4. Jonathan Yoder, 2008. "Liability, Regulation, and Endogenous Risk: The Incidence and Severity of Escaped Prescribed Fires in the United States," Journal of Law and Economics, University of Chicago Press, vol. 51(2), pages 297-325, 05.
  5. van 't Veld, Klaas & Shogren, Jason F., 2012. "Environmental federalism and environmental liability," Journal of Environmental Economics and Management, Elsevier, vol. 63(1), pages 105-119.
  6. Turaga, Rama Mohana R. & Noonan, Douglas & Bostrom, Ann, 2011. "Hot spots regulation and environmental justice," Ecological Economics, Elsevier, vol. 70(7), pages 1395-1405, May.
  7. Amy Ando & Wallapak Polasub, 2009. "The political economy of state-level adoption of natural resource damage programs," Journal of Regulatory Economics, Springer, vol. 35(3), pages 312-330, June.
  8. Anna Alberini & Shelby Frost, 2007. "Forcing Firms to Think About the Future: Economic Incentives and the Fate of Hazardous Waste," Environmental & Resource Economics, European Association of Environmental and Resource Economists, vol. 36(4), pages 451-474, April.
  9. van 't Veld, Klaas, 2006. "Hazardous-industry restructuring to avoid liability for accidents," International Review of Law and Economics, Elsevier, vol. 26(3), pages 297-322, September.

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