Article 3FJXX The Myth of the Environmental "Race to the Bottom"

The Myth of the Environmental "Race to the Bottom"

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A putative "race to the bottom" is a galvanizing and consequential belief in environmental law. During the 1970s, this theory was instrumental to the creation and design of the statutes that give the federal government the final say over state environmental policy (Clean Air Act, Clean Water Act, etc.). The only problem is that it's false in theory and practice.

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