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The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
The History Of State Action In The Environmental Realm: A Presumption Against Preemption In Climate Change Law?, Victor B. Flatt
San Diego Journal of Climate & Energy Law
As we move toward an almost certain comprehensive federal law to address climate change, increasing attention is being paid to what will happen to state and local climate change and climate change-related programs that have arisen in this country in the law few years. As the symposium demonstrated, California has a particular concern that federal law might block its environmental and climate change policies. ...
... In most areas, almost 40 years of environmental federalism has allowed states to regulate beyond the federal government for the protection of their citizens, and we can examine this history empirically in order to …
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan
San Diego Journal of Climate & Energy Law
This Article addresses a critical question about a state's role in the operation of a national cap-and-trade program: whether federal legislation should allow states to be more stringent than the federal government. ...
This Article is the first in a series that will address the wisdom of allowing state control within a federal trading system. ...
Part II of this Article articulates the primary justifications for allowing states to set more stringent caps. ...
Part III turns to practical mechanisms to achieve state stringency. ...
Part IV articulates the potential adverse impacts that could result from states using these mechanisms …