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Full-Text Articles in Law
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Playing Without Aces: Offset And The Limits Of Flexibility Under Clean Air Act Climate Policy, Nathan D. Richardson
Faculty Publications
The United States Environmental Protection Agency (EPA) continues to move ahead with regulation of greenhouse gas emissions under the Clean Air Act (CAA). Previous work has indicated that basic forms of compliance flexibility—trading—appear to be legally permissible under section III of the CAA. This Article takes a close look at more expansive and ambitious types of flexibility: trading between different kinds of sources, biomass co-firing, and above all, offsets. It concludes that most types of such extended flexibility are either legally incompatible with the CAA, or so legally problematic that EPA is unlikely to adopt them. This has important implications …
Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler
Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler
Faculty Publications
The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These regulatory initiatives mark a dramatic expansion of federal environmental controls on private economic activity. These efforts are unwise. Regulating greenhouse gases under the Clean Air Act, in particular, will impose substantial regulatory costs for minimal environmental gain. Extensive GHG regulation will not produce much actual climate change mitigation. Mitigating the threat of anthropogenic climate change requires …