Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Export Clause And The Constitutionality Of A Cap And Trade Mitigation Policy For Carbon Dioxide, Ross Astoria
The Export Clause And The Constitutionality Of A Cap And Trade Mitigation Policy For Carbon Dioxide, Ross Astoria
Ross Astoria
The Export Clause of the Constitution prohibits the taxing of “Articles exported from any State.” In this paper I examine the effect that Export Clause jurisprudence might have on the choice of national carbon dioxide mitigation policies. I conclude that it is unlikely that a “downstream” price on carbon dioxide emissions could include exported hydrocarbons. One corollary is that, since cap and trade policies are “downstream” pricing mechanism, it would be difficult, perhaps impossible, to craft cap and trade so as to cover exported hydrocarbons. In contrast, an “upstream” carbon tax does not suffer from this constitutional infirmity. I therefore …
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
Emissions Trading: A Policy Option For Fighting Climate Change In Africa, Gbenga Akinwande
Electronic Thesis and Dissertation Repository
This thesis shows how an emissions trading scheme can help African countries contribute to the goal of stabilizing the concentration of greenhouse gases in the atmosphere. This is done through an assessment of the gaps in Africa’s climate change mitigation policy architecture and the potential benefits of emissions trading as a policy instrument—including lessons learned from emissions trading schemes implemented in the US, the EU, New Zealand, and Chile. The thesis concludes that adopting an emissions trading scheme as a policy instrument in Africa could potentially close the gaps in its policy architecture.
Regulating Electricity Imports Into Rggi: Toward A Legal, Workable Solution, Shelley Welton, Michael Gerrard, Jason Munster
Regulating Electricity Imports Into Rggi: Toward A Legal, Workable Solution, Shelley Welton, Michael Gerrard, Jason Munster
Faculty Scholarship
This white paper evaluates the legal workability and constitutionality of what is frequently considered the most feasible mechanism for RGGI to use in regulating imports: an obligation on RGGI “load serving entities” (LSEs) – those companies responsible for supplying electricity to end-use customers – to purchase allowances to account for the emissions associated with the electricity they sell that is imported. Ultimately, although there are many design complexities yet to be worked out, we find that an LSE-centered approach could present a viable pathway forward for RGGI states’ regulation of imports. It is likely to create long-term price signals about …
Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang
Red China Going Green: The Emergence And Current Development Of Carbon Emissions Trading In The World's Largest Carbon Emitter, Xiaotang Wang
Sabin Center for Climate Change Law
This paper focuses on one of China’s efforts to engage with climate change—the establishment and development of carbon emissions trading schemes (ETSs) in the country. Section II examines the shift from command and control approaches to market mechanisms in China’s climate policy over the past two decades, which primed the domestic scene for the emergence of carbon emissions trading. Section III studies the seven regional ETS pilots due to launch later this year, the success or failure of which will to a large extent determine the future of carbon markets in not only China, but most likely the rest of …