Roger Meiners and Bruce Yandle

About the author: Roger Meiners is a professor of law and economics at the University of Texas at Arlington, and Bruce Yandle is the Alumni Professor of Economics and Legal Studies at Clemson University.

The federal record for protecting the environment is weak. New regulations and new statutes handed down from federal agencies and from legislatures are usually passed out of political motives and influenced by special-interest lobbying organizations. In addition, lawmakers often respond to the crisis of the moment and pass legislation that is harmful or useless in the long run. The best solution to environmental problems is the common law, the body of decisions and precedents handed down by the civil court system. In deciding on a case-by-case basis, judges and juries are much more likely to...