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Full-Text Articles in Law

Complex And Murky Spatial Planning, Josh Eagle Oct 2012

Complex And Murky Spatial Planning, Josh Eagle

Faculty Publications

No abstract provided.


Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton Jul 2012

Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade,, Shelley Welton

Faculty Publications

No abstract provided.


Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson Jul 2012

Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson

Faculty Publications

The United States Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under section III of the CAA. This Article takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has important implications …


Tradable Standards For Clean Air Act Carbon Policy, Nathan D. Richardson, Dallas Butraw, Arthur G. Fraas Apr 2012

Tradable Standards For Clean Air Act Carbon Policy, Nathan D. Richardson, Dallas Butraw, Arthur G. Fraas

Faculty Publications

EPA is in the process of regulating U.S. greenhouse gas (GHG) emissions using its powers under the Clean Air Act. The likely next phase of this regulatory program is performance standards under Section 111 of the act for coal plants and petroleum refineries, which the agency has committed to finalize by the end of 2012. Section 111 appears to allow use of flexible, market-based regulatory tools. In this paper, we discuss one such tool, tradable standards. Tradable standards appear to be a legally and politically viable choice for the agency, and evidence suggests they are substantially more cost-effective than traditional …


Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas Jan 2012

Banking On Allowances: The Epa's Mixed Record In Managing Emissions-Market Transitions, Nathan D. Richardson, Arthur G. Fraas

Faculty Publications

No abstract provided.