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Full-Text Articles in Law
Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard
Introductory Comments: The Current State Of Climate Change Law, Michael B. Gerrard
Faculty Scholarship
The three words that best characterize the current state of climate change law are fragmentation, uncertainty, and insufficiency.
Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang
Preemption And Alteration Of Epa And State Authority To Regulate Greenhouse Gases In The Kerry-Lieberman Bill, Bradford Mccormick, Hannah Chang
Sabin Center for Climate Change Law
The recently-released discussion draft of the Kerry-Lieberman bill (KL), officially titled the American Power Act, contains numerous provisions that affect the role of states in addressing climate change as well as the Environmental Protection Agency’s (EPA) authority under the Clean Air Act (CAA). Preemption has been the subject of intense debate and speculation since the passage of the Waxman-Markey climate bill (WM) in June 2009, and commentators have questioned whether KL’s preemption measures would (and should) have the effect of “a scalpel or a sledgehammer” on existing state and EPA authority. The following paper contributes to the discussion by summarizing …
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Colorado’S Clean Air-Clean Jobs Act: Encouraging Conversion Of Coal Plants To Natural Gas, Jonathan Talamini
Sabin Center for Climate Change Law
The State of Colorado's recently-enacted Clean Air-Clean Jobs Act (CACJA) requires utilities to create plans that reduce NOx emissions by 70% at a specified portion of their coal-fired electricity generation facilities by the end of 2017. It allows utilities to use many different methods to achieve those reductions, but encourages and incentivizes the replacement of coal-based generation with natural gas. Utilities must seek approval for their plans from state agencies and must work closely with those agencies in designing the plans. This paper discusses the legal, political, and economic context for CACJA, and highlights the bill's advantages and disadvantages as …
Greenhouse Gas Disclosure Requirements Are Proliferating, Michael B. Gerrard
Greenhouse Gas Disclosure Requirements Are Proliferating, Michael B. Gerrard
Faculty Scholarship
While climate change legislation is mired in Congress, several units in the Obama administration have been using their existing statutory authority to adopt rules or guidance requiring extensive disclosures about greenhouse gases (GHGs) in a wide variety of contexts. Every registered public company, the operators of many industrial facilities, and those involved in significant federal actions are now or will soon be covered by one or more of these requirements.
Climate Regulation Without Congressional Action, Michael B. Gerrard
Climate Regulation Without Congressional Action, Michael B. Gerrard
Faculty Scholarship
The apogee of congressional support for comprehensive climate change legislation came on June 26, 2009, when the House of Representatives passed the American Clean Energy Security Act (Waxman-Markey) by a vote of 219 to 212. Its Senate counterpart, the American Power Act, known first as Kerry-Lieberman-Graham and then just Kerry-Lieberman, never gained traction, and in July 2010 Senate Majority Leader Harry Reid (D.-Nev.) announced he would not bring it to the floor this year.
Many observers believe Republicans will take control of the House and possibly of the Senate after the Nov. 2, 2010, elections. Republican leadership in both chambers …