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Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Hothouse Flowers: The Vices And Virtues Of Climate Federalism, Jonathan H. Adler
Faculty Publications
Federal law preempts state regulation of motor vehicle emissions. California alone is allowed to seek a waiver of such preemption, and unsuccessfully sought such a waiver for the state's regulations limiting greenhouse gas emissions from motor vehicles. The debate and pending litigation over California's effort to obtain a waiver of preemption has focused attention on the state role in climate change policy. This paper explores the role of state governments in developing climate change policy, with a particular focus on how federalism principles and practice should inform judgments about the division of authority between the state and federal governments. As …
Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler
Massachusetts V. Epa Heats Up Climate Policy No Less Than Administrative Law: A Comment On Professors Watts And Wildermuth, Jonathan H. Adler
Faculty Publications
In their essay Breaking New Ground on Issues Other than Global Warming, Professors Kathryn A. Watts and Amy J. Wildermuth have presented a thoughtful preliminary analysis of the Supreme Court's handiwork in Massachusetts v. EPA. They are correct that the decision potentially paves new ground in administrative law, particularly with regard to state standing. The Court's approach to review of agency decisions to decline rulemaking petitions is also potentially significant, but perhaps less ground-breaking than they suggest. In the context of climate change policy their assessment of the Court's decision is too modest, however, for Massachusetts virtually ensures federal regulation …