In this solo episode, host Mike Livermore discusses the career of Dick Stewart, a mentor who was a longtime faculty member at NYU Law who died this past year.
Episode is an appropriate teaching tool for but not limited to the following topics & courses: environmental law, policy
Discussion Questions
- How well did Dick Stewart’s 1975 paper “The Reformation of American Administrative Law” anticipate the changes in environmental law over the past 20 years? What are the key continuities and divergences?
- What were the most consequential bipartisan environmental achievements in the 1990s, and why has bipartisanship broken down since then? What could restore bipartisanship on environmental issues?
- How should we evaluate the shift towards distributional considerations and environmental justice in environmental policy conversations? Is this at odds with efficiency concerns?
- Does the rise of industrial policy thinking represent a lasting change in environmental law? What are the merits and drawbacks compared to market-based approaches?
Additional Readings
- Richard B. Stewart, “The Reformation of American Administrative Law” (1975) – Stewart’s highly influential article that helped define modern U.S. administrative law.
- Jody Freeman and David B. Spence, “Old Statutes, New Problems” (2014) – Argues that environmental statutes have not been updated, leading to new challenges.
- Shi-Ling Hsu, “A Game Theory Approach to Environmental Taxation” (1997) – Discusses market-based policies for environmental regulation.
Free Range Podcast 