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Articles by Richard B. Stewart

Richard B. Stewart has taught and written on environmental and administrative law for 35 years, first at Harvard Law School and the Kennedy School of Government and, since 1992, at New York University School of Law where he heads the Center on Environmental and Land Use Law. From 1989 to 1991 he served President George H. W. Bush as Assistant Attorney General for Environment and Natural Resources, U.S. Department of Justice, where he led the prosecution of Exxon for the Exxon Valdez oil spill and played a central role in the development of the 1992 Rio Climate Change Convention. He is a longtime trustee of the Environmental Defense Fund, serving as its Chairman from 1981 to 1983. He has written extensively on economic incentives for environmental protection and federalism issues in environmental policy.

Featured Article

Most Americans breath dirty air — in many places, levels of pollutants like nitrogen dioxide and ozone are in violation of federal air quality standards. And now, those standards are getting even stronger, which will put even more of the country out of compliance: EPA recently upped standards for nitrogen dioxide and is working on strengthening limits for other pollutants. But to make real improvements in air quality without breaking the bank, what is called for is not another round of top-down regulation, but an update of the Clean Air Act to allow strong market-based solutions.  

Progress on cleaning our nation’s air pollution has slowed because of the Clean Air Act’s structure. The law was adopted in 1970 and hasn’t been updated since 1990. It worked well in the past when there was plenty of low hanging fruit-cheap reductions that achieved big benefits. But now its format, which relies on each state to create detailed plans to meet national air quality goals, has become unbearably cumbersome.  

The state plans must specify who cuts emissions and how much, but to decide that local regulators need to understand  the... Read more