US Supreme Court: Agencies Must Take Costs Into Account When Deciding Whether To Regulate


On June 29th the US Supreme Court decided a landmark case, Michigan vs EPA, which could impact on cost-benefit jurisprudence. The Court has not evaluated the validity of the EPA’s cost-benefit analysis of the rule. Rather, it faulted the EPA for failing to assess the costs when decided to issue the regulation.

This decision prompted a wide debate among scholars and practitioners dealing with the assessment of costs and benefits. Here is a selection of commentaries from the Web:

(Fabrizio Di Mascio)