Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs, Erin Parlar, Michael Babakitis, Shelley Welton
Legal Issues In Regulating Imports In State And Regional Cap And Trade Programs, Erin Parlar, Michael Babakitis, Shelley Welton
Sabin Center for Climate Change Law
Regulating leakage presents potential legal challenges: in our federal governmental structure, states are limited by the Constitution in the extent to which they can regulate activities occurring beyond their own borders, and may be preempted by federal statutes from regulating certain interstate activities altogether. This paper analyzes the legal hurdles that RGGI may face should it choose to address emissions leakage through regulating imported electricity. It focuses on two legal issues in particular, which are generally thought to be the most likely arguments raised against imports regulations: (1) whether imports regulations violate the dormant Commerce Clause (DCC) of the Constitution; …
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
State Dynamism, Federal Constraints: Possible Constitutional Hurdles To Cross-Border Cap-And-Trade, Shelley Welton
Sabin Center for Climate Change Law
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.