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Full-Text Articles in Law
Energy Efficiency And Federalism, Ann E. Carlson
Energy Efficiency And Federalism, Ann E. Carlson
San Diego Journal of Climate & Energy Law
Everyone loves energy efficiency. Among an array of carbon-reducing strategies, energy efficiency surely ranks as the least controversial. Indeed increasing energy efficiency is frequently lauded as having "net negative costs"-to use the terminology of the Intergovernmental Panel on Climate Change-meaning that the benefits outweigh the costs, even excluding benefits from avoided climate change.
Yet the U.S. system for regulating appliances, which account for a huge percentage of the nation's carbon emissions, is a mess. Since the federal government began regulating appliance efficiency in the 1970s, the process has been characterized by frequent delays and foot-dragging, followed by lawsuits and legislative …
Climate Adaptation And Federalism: Mapping The Issues, Daniel F. Farber
Climate Adaptation And Federalism: Mapping The Issues, Daniel F. Farber
San Diego Journal of Climate & Energy Law
There is a vigorous debate about the appropriate roles of the state and federal governments in reducing greenhouse gases and mitigating climate change. ...
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This Article is a first step in mapping this new terrain. Part I provides a short introduction to climate adaptation. The United States will face significant climate impacts in the next few decades, and governmental responses will be required. Part II discusses the role of the federal government in setting adaptation standards, while Part III analyzes the appropriateness of state versus federal funding for adaptation. States are likely to play the leading role in funding …
Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento
Climate Law And Policy In North America: Prospects For Regionalism, Neil Craik, Joseph Dimento
San Diego Journal of Climate & Energy Law
This Article surveys the current bilateral and trilateral initiatives aimed at GHG emission reductions in North America with a view to assessing the nature and potential role of regional climate change law and policy within a broader global framework. In this context, by regional cooperation, we mean cooperation organized on a North American scale. In pursuit of this objective, this Article seeks to identify, first, how climate change mitigation may be regulated usefully on a regional scale, and second, the governance structures and institutions that may be drawn upon to create and implement regional cooperation on climate change. Particular consideration …
State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee
State Greenhouse Gas Regulation, Federal Climate Change Legislation, And The Preemption Sword, William W. Buzbee
San Diego Journal of Climate & Energy Law
This Article starts in Part II by reviewing the basic anticipated design elements of federal climate legislation, then it reviews the substantial regulatory failure risks inherent in such climate change legislation. It then turns in Part III to analysis of preemption choices. The Article follows in Part IV by examining preemption jurisprudence, especially the growing risk of broad preemptive reads of federal law, and demonstrating how statutory uncertainties regarding preemption could result in subsequent interpretations substantially expanding the law's preemptive impact. ... Furthermore, as discussed in Part V, overlap and interaction of concurrent federal, state, and local climate change laws …