Performance-Based Regulation

Coglianese, C., Nash, J., & Olmstead, T. (2003). Performance-Based Regulation: Prospects and Limitations in Health, Safety, and Environmental Protection. Administrative Law Review, 55(4), 705-729.

Type

Journal article

Intellectual base

Primary research

Year

2003

Volume

55

Issue

4

Pages

705-729

Link

https://www.belfercenter.org/publication/performance-based-regulation-prospects-and-limitations-health-safety-and-environmental

Cited from

philosophy

Cited by

2 citations across 2 artifacts.

Each citation links to the sentence it supports in the citing article.

Primes

• Outcome-Defined Adequacy
  • An outcome-based rule instead writes the spec on the outcome side: "keep stack emissions below this measured threshold," leaving the form — scrubber, fuel switch, process redesign — entirely open.

    This sourceOutcome-based standards specify the result and leave means open, with gaming, side-effect, and accountability failure modes.

Mechanisms

• Flexible Compliance Pathway
  • Performance-based (outcome) regulation, as against prescriptive (means) regulation, is the mature form of this idea: specify the result, let the regulated party find the cheapest route to it.

    This sourceDefines performance standards as outcome requirements that leave regulated firms discretion to seek lower-cost means of compliance.

Verification

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Does it back the claim? Not recorded. Neither this nor any other of the 2 citations of this work carries a recorded support check.

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Links previously used in the corpus

Before the registry existed this work was also linked 1 other way.

• https://papers.ssrn.com/sol3/papers.cfm?abstract_id=392400 ×1

Registry ID ref:d9211c89c682 · see in the full table