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Environmental law, Clean Air Act, air pollution regulation, climate change, cost-benefit analysis, regulatory review, Office of Information and Regulatory Affairs


Michael A. Livermore

Associate Professor of Law
J.D., New York University School of Law, 2006
B.A., University of Albany

Michael A. Livermore joined the faculty as an associate professor of law in 2013. His primary teaching and research interests are in administrative law, computational analysis of legal texts, environmental law, cost-benefit analysis and regulation. He has published numerous books, chapters and articles on these topics, with a special focus on the role of interest groups and public-choice dynamics in shaping the application and methodology of cost-benefit analysis.

Prior to joining the faculty, Livermore spent five years as the founding executive director of the Institute for Policy Integrity at New York University School of Law, a think tank dedicated to improving the quality of government decision-making through advocacy and scholarship in the areas of administrative law, cost-benefit analysis and regulation. During his time there, the institute participated in dozens of regulatory proceedings on a diverse set of issues ranging from climate change to prison safety.

Livermore earned his J.D. magna cum laude from NYU Law, where he was a Furman Scholar, was elected to the Order of the Coif, and served as a managing editor of the Law Review. After law school, he spent a year as a fellow at NYU Law's Center on Environmental and Land Use Law before clerking for Judge Harry T. Edwards on the U.S. Court of Appeals for the D.C. Circuit.

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The Globalization of Cost-Benefit Analysis in Environmental Policy (ed. with Richard L. Revesz) (Oxford University Press, 2013).

Retaking Rationality: How Cost-Benefit Analysis Can Better Protect the Environment and Our Health (with Richard L. Revesz) (Oxford University Press, 2008).

Book Chapters:

Analysis to Inform Public Discourse on Jobs and Regulation” (with Jason A. Schwartz) in Cory Coglianese et al., eds., Does Regulation Kill Jobs? 239 (University of Pennsylvania Press, 2013).

"Balanced Job Impact Analysis" (with Jason Schwartz) in Adam Finkel & Cary Coglianese, eds.,
Beyond Compliance Costs: The Other Economic Impacts of Regulation (forthcoming 2013).

"Can Executive Review Help Prevent Capture?" (with Richard L. Revesz) in Dan Carpenter & David Moss, eds., Preventing Regulatory Capture: Special Interest Influence and How to Limit It (Cambridge University Press, 2013).

“The Shape of Distributional Analysis” (with Jennifer S. Rosenberg), in Michael A. Livermore & Richard L Revesz, eds., The Globalization of Cost-Benefit Analysis in Environmental Policy 69 (Oxford University Press, 2013).


"Rethinking Health-Based Environmental Standards and Cost-Benefit Analysis"

"A Quantitative Analysis of Trends in Writing Style on the U.S. Supreme Court" (with Keith Carlson and Daniel Rockmore)

"A Topic Model Approach to Studying Agenda Formation for the U.S. Supreme Court" (with Allen Riddell and Daniel Rockmore).

"Interest Groups and Environmental Policy: Inconsistent Positions and Missed Opportunities" (with Richard L. Revesz), 45 Envtl. L. Rev. __ (2015)

“Can Executive Review Help Prevent Capture?” (with Richard L. Revesz), in Daniel Carpenter & David A. Moss, eds.,
Preventing Regulatory Capture: Special Interest Influence and How to Limit It 420 (Cambridge University Press, 2014).

“Cost-Benefit Analysis and Agency Independence,” 81
U. Chi. L. Rev. 609 (2014).

“Improve Economic Models of Climate Change” (with others),
Nature, Apr. 10, 2014, at 173.

“Rethinking Health-Based Environmental Standards” (with Richard L. Revesz), 89
N.Y.U. L. Rev. 1184 (2014).

“Tacking in Shifting Winds: A Short Response to Bubb and Pildes” (with Quinn Curtis and Andrew Hayashi), 127
Harv. L. Rev. F. 204 (2014).

“The Meaning of Green Growth,” 3
Mich. J. Envtl. & Admin. L. 33 (2013).

“Patience is an Economic Virtue: Real Options, Natural Resources, and Offshore Oil,” 84 U. Colo. L. Rev. 581 (2013).
HeinOnline (PDF)

“Regional Variation, Holdouts, and Climate Treaty Negotiations” (with J. Scott Holladay), 4 J. Benefit-Cost Analysis 131 (2013).

“Regulatory Review, Capture, and Agency Inaction” (with Richard L. Revesz), 101 Geo. L.J. 1337 (2013).
HeinOnline (PDF)

"Can Cost-Benefit Analysis of Environmental Policy Go Global?" 19 N.Y.U. Envtl. L.J. 146 (2011).

"Retaking Rationality: Two Years Later" (with Richard L. Revesz), 48
Hous. L.J. 1 (2011).

"A Brief Comment on 'Humanizing Cost-Benefit Analysis,'" 2011
Eur. J. Risk Reg. 13.

"Water Pollution and Regulatory Cooperation in China" (with Craig Wenner & Hong Lan), 44
Cornell Int'l L.J. 101 (2011).

"Environmental Law: The Future of Cost-Benefit Analysis in Environmental Policy," 17
U. Balt. J. Envtl. L. 189 (2010) (transcript of panel discussion).

"Análisis Cost-Beneficio en Paises en Vías de Desarrollo," 117
Estudios Públicos 21 (2010).

"Realist Lawyers and Realistic Legalists: A Brief Rebuttal to Judge Posner," 59
Duke L.J. 1187 (2010).

"Pitfalls of Empirical Studies that Attempt to Understand the Factors Affecting Appellate Decisionmaking" (with Hon. Harry T. Edwards) 58
Duke L.J. 1895 (2009).

"Cause or Cure? Cost-Benefit Analysis and Regulatory Gridlock," 17
N.Y.U. Envtl. L.J. 107 (2008).

"Reviving Environmental Protection: Preference-Directed Regulation and Regulatory Ossification," 25
Va. Envtl. L.J. 311 (2007).

Book Note, "Conversation, Representation, and Allocation: Justice Breyer's Active Liberty" (with D. Theodore Rave), 81
N.Y.U. L. Rev. 1505 (2006).

Note, "Authority and Legitimacy in Global Governance: Deliberation, Institutional Differentiation, and the Codex Alimentarius," 81
N.Y.U. L. Rev. 766 (2006).
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