Law Commons^™

Comment On Developing A Comprehensive Approach To Climate Change Mitigation Policy In The United States: Integrating Levels Of Government And Economic Sectors, Michael B. Gerrard

Faculty Scholarship

The article by Thomas D. Peterson, Robert B. McKinstry Jr., and John C. Dernbach (PM&D) has two central insights: (1) Any serious national effort to control emissions of greenhouse gases (GHGs) must continue to leave important roles to the states; and (2) It would be a mistake to put too many eggs in the cap-and-trade basket. A portfolio approach that utilizes many different regulatory techniques is important.

I certainly agree with PM&D about these insights, and they are correct that much of the current Congressional debate has given too little attention to these considerations. However, I have serious reservations about …

The Effect Of Nepa Outside The Courtroom, Michael B. Gerrard

Faculty Scholarship

The central purpose of the National Environmental Policy Act (NEPA) is not to produce gorgeous or perfect documents; that’s a means to an end. The ultimate purpose is to improve governmental decisionmaking by making relevant information available to officials and by ensuring that everyone affected by the decisions is given a voice. I would like to focus on the effect of NEPA on decisions.

I will discuss three issues.

First, I will talk about the effect that NEPA has had on internal decisionmaking by agencies.

Second, since NEPA attempts to focus decisionmakers on predictions of future environmental conditions with or …