Private Rights in Public Resources: Equity and Property Allocation in Market-Based Environmental Policy
Leigh RaymondISBN: 1891853686;
Leigh Raymond investigates equity norms through original studies of two important environmental laws, the Acid Rain Title of the 1990 Clean Air Act Amendments (CAAA) and the 1934 Taylor Grazing Act (TGA). He reviews legislative records, administrative documents, and interviews key policymakers. Confirming that much of the debate in the two programs centered on the equity or fairness of the initial allocation of property rights, he then uses the theories of John Locke, Morris Cohen and others to build a framework for identifying the competing norms of equity in play. Raymond's study reveals that, despite the different historical and ecological settings, the political actors in the two cases struggled to reconcile similar arguments--and were able to achieve a similar synthesis of conflicting ownership ideas. He notes that the prominence of equity arguments in the debates and decisions about allocations contradict traditional views that the TGA and the CAAA simply "grandfathered"...
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