The triumph of technology-based standards

lit the following article, Professor Wagner chooses a heretofore unpopular approach to pollution control technology-based standards, as her favorite i nnovation in environmental law. In selecting technology-based standards, Pr ofessor Wagner has chosen to focus on the fundamental or base innovations a t the core of environmental programs rather than secondary or tertiary appr oaches that merely fine-tune existing regulatory controls. The Environmental Protection Agency creates technology-based standards to c ontrol air water, and land pollution. Only after determining the capability of currently available technologies to meet congressional goals with regar d to an industry will the Agency set its standards for that industry. Profe ssor Wagner argues that this procedure provides a moral imperative for regu lated entities to do their best when public health and the environment are at stake. She also contends that the ease of promulgation, superior enforce ability, evenhandedness in application, and eminent adaptability of technol ogy-based standards all serve to enhance their desirability as a foundation al regulatory program. Professor Wagner responds to the critics of technology-based standards by s howing that these standards are generally more efficient as base innovation s than alternative approaches, such as cost/benefit- or market-based contro ls. In addition, she argues that, rather than freezing technology, the stan dards can create incentives to pioneer the development of new technologies. Finally, Professor Wagner points to the untapped capabilities and potentia l breadth of the future applications of technology-based standards as reaso ns to embrace these standards as a trustworthy approach to environmental pr otection.