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Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister
Enforcing Cap-And-Trade: A Tale Of Two Programs, Lesley K. Mcallister
San Diego Journal of Climate & Energy Law
This Article uses the histories of the ARP and RECLAIM to show that even when monitoring and enforcement provisions for cap-and-trade programs are designed in a similar way, the resulting enforcement systems and enforcement outcomes may be very different. Part I of the Article tells the enforcement story of the ARP. It appears to be a story of regulatory efficiency and success. Part II tells the enforcement story of RECLAIM. While not a failure, RECLAIM enforcement seems to have been full of difficulties that necessitated large amounts of administrative time and resources. This part presents the results of an empirical …
How To Love The One You're With: Changing Tax Policy To Fit Cap-And-Trade, Roberta Mann
How To Love The One You're With: Changing Tax Policy To Fit Cap-And-Trade, Roberta Mann
San Diego Journal of Climate & Energy Law
This paper will begin with an introduction of climate change issues, including a brief history of international mitigation efforts. The next section will give an overview of cap-and-trade systems and describe how a typical cap-and-trade system would interact with the current federal income tax system. The discussion of the interaction of cap-and-trade with the income tax will include both direct and indirect effects. This section will then compare those effects with the potential impact of a carbon tax. The direct impacts of cap-and-trade on the income tax system occur because the “trade” part of cap-and-trade creates a new financial instrument …
Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan
Federal Greenhouse Gas Control Options From An Enforcement Perspective, Scott Schang, Teresa Chan
San Diego Journal of Climate & Energy Law
As part of the University of San Diego Law School’s Second Annual Climate and Energy Law Symposium, we decided to review the enforcement provisions of the main federal greenhouse gas control options, with a view to drawing lessons from that review that could inform policy choices and program design. Our review suggests that there are relative strengths and weaknesses, as well important tradeoffs to be made, in the enforcement provisions of each of the leading candidate programs. Our review further suggests that some revisions should be made to these provisions to help ensure that the greenhouse gas control programs meet …