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“Offsetting” Crisis? – Climate Change Cap And Trade Need Not Contribute To Another Financial Meltdown, Victor B. Flatt Mar 2011

“Offsetting” Crisis? – Climate Change Cap And Trade Need Not Contribute To Another Financial Meltdown, Victor B. Flatt

Victor B Flatt

Much of the fear of a cap and trade system to control greenhouse gases concerns the financial instruments that will be created in such a system and the concern that they will lead to another financial crisis. This belief may have been a major contributor to the defeat of cap and trade in the U.S. Senate. However, greenhouse gas cap and trade systems can be structured to avoid the problem of toxic assets that led to the financial crisis while still retaining real greenhouse gas control with an efficient market. Given that cap and trade still exists in many greenhouse …


Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr. Jan 2011

Controlling Greenhouse Gases From Highway Vehicles, Arnold W. Reitze Jr.

Utah Law Faculty Scholarship

This article discusses the program aimed at increasing the efficiency of highway vehicles that is administered by the EPA under the Clean Air Act and by the Department of Transportation.


Solar Energy Development On The Federal Public Lands: Environmental Trade-Offs On The Road To A Lower-Carbon Future, Robert L. Glicksman Jan 2011

Solar Energy Development On The Federal Public Lands: Environmental Trade-Offs On The Road To A Lower-Carbon Future, Robert L. Glicksman

GW Law Faculty Publications & Other Works

The federal government has endorsed more extensive use of the federal public lands for the production of solar power, both to reduce the greenhouse gas emissions that contribute to climate change and to bolster the security of domestic energy supplies. Spurred by grant money made available under the American Recovery and Reinvestment Act of 2009, the Bureau of Land Management (BLM) in 2010 approved nine utility-scale solar projects on public lands in California and Nevada. These projects were designed to avoid adversely affecting the habitats of endangered and threatened species that frequent the desert southwest and cultural resources important to …


Heat Expands All Things: The Proliferation Of Greenhouse Gas Regulation Under The Obama Administration, Jonathan H. Adler Jan 2011

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 …


Capturing Individual Harms, Katrina Fischer Kuh Jan 2011

Capturing Individual Harms, Katrina Fischer Kuh

Elisabeth Haub School of Law Faculty Publications

The aggregated lifestyles and behaviors of individuals impose significant environmental harms yet remain largely unregulated. A growing literature recognizes the environmental significance of individual behaviors, critiques the failure of environmental law and policy to capture harms traceable to individual behaviors, and suggests and evaluates strategies for capturing individual harms going forward. This Article contributes to the existing literature by approaching the problem of environmentally significant individual harms through the lens of environmental federalism. Using climate change and individual greenhouse gas (“GHG”) emissions as an exemplar, the Article illustrates how local information, local governments, and local implementation can enhance policies designed …


Don't Tread On Me! Greenhouse Gases Must Never Choke American Freedom, Beau James Brock Dec 2010

Don't Tread On Me! Greenhouse Gases Must Never Choke American Freedom, Beau James Brock

Beau James Brock

This article examines: (1) the core of our American belief in freedom and the relationship between dutiful citizen and responsible government; (2) greenhouse gas policy making dictated by the EPA and the ubiquitous state of global economic conflict; and (3) the fundamental principle our Nation must ascribe to throughout this debate is we will best serve our most vulnerable citizens not through elitist dictates, but by open debate.