The Essay suggests that environmental law may properly be sensitive to nonwelfarist and distributive considerations as well as overall human welfare. It summarizes the author’s revisionary view of CBA as a decision-procedure roughly tracking overall welfare that incorporates an objectivist rather than preferentialist view of well-being, and that has a role to play even within a nonutilitarian of moral framework. And it explains that CBA does not (pace Driesen) involve a static conception of efficiency, a presupposition that technological change is exogeneous, or an assumption that individuals act rationally.
Matthew D. Adler,
Cost-Benefit Analysis, Static Efficiency, and the Goals of Environmental Law,
B.C. Envtl. Aff. L. Rev.