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Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2009

Selected Works

Environmental Law

Climate change

Alice Kaswan

Articles 1 - 2 of 2

Full-Text Articles in Law

Greening The Grid And Climate Justice, Alice Kaswan Dec 2008

Greening The Grid And Climate Justice, Alice Kaswan

Alice Kaswan

This short symposium essay argues that the collateral environmental and economic justice benefits of greening the grid provide support for transformative climate policies that speed the development of fossil fuel alternatives. More broadly, policymakers should integrate climate justice considerations into the design of any new energy infrastructure in order to maximize the benefits and minimize the risks of the profound transition ahead. While efforts to integrate climate justice could complicate climate and energy legislation, they would, on balance, further rather than hinder the political prospects for greening the grid. The essay concludes by encouraging an inclusive and participatory process for …


Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan Dec 2008

Decentralizing Cap-And-Trade? The Question Of State Stringency, Alice Kaswan

Alice Kaswan

A cap-and-trade program is likely to be a centerpiece of federal climate change legislation. The presence of a national market does not, however, render irrelevant the states’ vital interest in the goals and operation of a national trading program. This Article addresses a first critical question about a state’s role in a federal system: whether federal legislation should allow states to be more stringent than the federal government and to achieve that stringency through controls on stationary sources. This Article reviews the compelling justifications for allowing states to be more stringent. It then assesses particular mechanisms for achieving state stringency …