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The Environmental Law and Policy Annual Review: Top 20 Articles

The Environmental Law and Policy Annual Review (ELPAR) is published by the Environmental Law Institute’s (ELI’s) Environmental Law Reporter in partnership with Vanderbilt University Law School. ELPAR has provided a forum each year for the presentation and discussion of some of the most creative and feasible environmental law and policy proposals culled from the legal academic literature.

Optimizing OMB: Response to The President’s Budget as a Source of Agency Policy Control

Despite the budget’s existential tie to the administrative state and OMB’s central role in the annual process surrounding the budget—from development to execution, legal literature devotes little attention to either. In her article, Prof. Eloise Pasachoff attempts to reverse this inattentiveness. This Comment adds more completeness by acknowledging context and complexity that the article either misses or minimizes, and offers three global comments regarding: (1) atomization, (2) accountability, and (3) agenda setting.

The President’s Budget as a Source of Agency Policy Control

This Article expands the view of centralized control of the administrative state by describing, categorizing, and analyzing the processes by which OMB uses the budget to get "in the stream of every policy decision made by the federal government." The Article then assesses OMB’s budget work against administrative law values and offers recommendations for how this work can better foster accountability.

More Walk, Less Talk: Comment on How Cheap Is Corporate Talk?

This Comment attempts to mitigate the disconnect between company sustainability reports and risk statements in their Annual Reports using the "two audience" dilemma discussed in Colemans "How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations With Their Securities Disclosures."

How Cheap Is Corporate Talk? Comparing Companies’ Comments on Regulations With Their Securities Disclosures

When a public company describes the impact of a proposed regulation it must consider two audiences: regulators and investors. These conflicting incentives may lead to inconsistent messages. Oil companies facing costly regulations tailor their messages to each audience, emphasizing the cost and economic danger of regulation to regulators while telling shareholders that regulation is merely a cost of doing business with few negative impacts.

Thoughts on Climate Exactions

This Comment looks at Montgomery County, Maryland, and its current policies to discuss the viability of climate exactions.