Regulating by litigation: The EPA's regulation of heavy-duty diesel engines Academic Article uri icon


  • In this Article, the authors provide a case study of heavy-duty diesel engine regulation under the Clean Air Act, which reveals how the Environmental Protection Agency (EPA) chooses various means of regulation at different times. The Article relates the EPA's choices to the incentives the agency faces. The Article also shows how the different forms of regulatory activity influence agency regulations. Finally, the Article concludes with a critique of regulation-by-litigation as a means of imposing substantive rules.

published proceedings

  • Administrative Law Review

author list (cited authors)

  • Morriss, A. P., Yandle, B., & Dorchak, A.

complete list of authors

  • Morriss, AP||Yandle, B||Dorchak, A

publication date

  • March 2004