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.
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).
“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).
“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).
"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).
- "Offshore Drilling: Why It Makes Economic Sense to Wait" (The Conversation, 04/08/2016)
- "Garland's Lack Of Standout Opinions A Boon In Confirmation Fight" (Politico, 03/16/2016)
- "Presidential candidates will face drilling questions in SC primary" (Miami Herald, 01/21/2016)
- "Obama's Offshore Drilling Moves Could Tie Hands of Successor" (The Hill, 01/02/2016)
- "Arctic Offshore Leasing Put on Ice" (The Hill, 10/23/2015)
- "When Economics Get Lost in the Smog" (The Hill, 10/02/2015)
- "EPA's proposed smog rules bring out detractors, supporters" (Richmond Times-Dispatch, 09/10/2015)
- "Arrival of the cost-benefit state" (SummitDaily, 08/23/2015)
- "What Is Nature Worth to You?" (The New York Times, 08/08/2015)
- "EPA Tweaks, but Keeps, Carbon Capture in Final Rule" (Bloomberg BNA, 08/04/2015)
- "Arrival of the Cost-Benefit State" (High Country News, 08/03/2015)
- "UVA Law Professor Michael Livermore on the Supreme Court's 2015 Ruling Against the EPA" (WTJU, 06/30/2015)
- "TCEQ-Funded Ozone Research Under Scrutiny" (Houston Chronicle, 06/26/2015)
- "The Long and Short of the Health Law Ruling" (The Wall Street Journal Law Blog, 06/25/2015)
- "Big Data Analysis Reveals a Grumpy Supreme Court" (The Takeaway, 05/05/2015)
- "Justices’ Opinions Grow in Size, Accessibility and Testiness, Study Finds" (The New York Times, 05/04/2015)
- "How Much Regulation is Too Much When It Comes to Starting Up a Business" (Fox News, 05/01/2015)
- "Research Team Uses 'Big Data' to Trace Clerks' Influence on Supreme Court (Phys.org, 04/29/2015)
- "Supreme Court Justices Are Getting 'Grumpier,' Study Finds" (Bloomberg Business, 04/22/2015)
- "EPA Refines Interpretation of Its Authority as It Prepares to Defend Clean Power Rule" (Bloomberg BNA, 03/27/2015)
- "Prisen på liv kan tippe talkrig til fagbevægelsens fordel" (AVISEN.DK, 02/26/2015)
- "The Ongoing Offshore Oil Drilling Debate" (WVTF, 02/19/2015)
- "EPA’s Ozone Standard Is Insufficiently Stringent, Not Overly Expensive" (RegBlog, 02/16/2015)
- "Are Low Oil Prices an Opening for a Carbon Tax?" (Marketplace, 01/05/2015)
- "OFFSHORE DRILLING: Policy Integrity's Livermore Says BOEM Moving Too Quickly on New Leases" (E&ETV, 09/15/2014)
- "Conservative Justices Give Government a Victory on Climate Change" (Newsweek, 06/23/2014)
- "Carbon capturing about ready for prime time, experts say" (Richmond Times-Dispatch, 06/07/2014)
- "UVa. Today: Michael Livermore" (CBS19, 06/04/2014)
- "EPA Proposal Seeks 30 Percent Reduction In Carbon Dioxide From Power Plants by 2030" (Bloomberg BNA, 06/03/2014)
- "U.Va. expert: Carbon proposal 'most important environmental rule ever'" (Richmond Times-Dispatch, 06/02/2014)
- “No funcionó” el “camino elegante” de lograr acuerdo mundial para afrontar el cambio climático; ahora gobiernos deben actuar solos" (Busqueda, 05/15/2014)
- "Policy Integrity adviser Livermore says administration underestimating social cost of carbon" (E&ETV OnPoint, 04/08/2014)
- "The Democratic Case for Job Impact Analysis" (RegBlog, 03/18/2014)
- "The Anti-Capture Justification for Regulatory Review" (Co-Author) (RegBlog, 12/02/2013)
- "A Supreme Victory for Climate Rules" (co-author) (Huffington Post, 10/15/2013)