A best-technology statute was rewritten into a cost-benefit ratio standard.

Evidence

In short, the “best technology available for minimizing adverse environmental impact” became the technology that produced merely an acceptable costbenefi t ratio, irrespective of its overall level of environmental benefi t. — Douglas A. Kysar, Regulating from Nowhere, 526

Categorization

• QUESTION: How far does the bootstrapped reading of ‘practicable’ stretch — is there a pattern of agencies importing unstated costs language into protective statutes?
• XREF: connects to: Congress’s 1972 reasons for rejecting benefit-cost correlation remain insurmountable. — Douglas A. Kysar, Regulating from Nowhere: Environmental…, 527; Cost-benefit analysis erases the moral remainders that technology standards preserve — Douglas A. Kysar, Regulating from Nowhere: Environmental…, 578

Broader Connections

• Cost-benefit analysis erases the moral remainders that technology standards preserve #complicates (0.80) — Douglas A. Kysar, Regulating from Nowhere, 578