Lessons for Theory and Practice
New Horizons in Environmental and Energy Law series
Edited by Michael Faure and Marjan Peeters
Chapter 9: Regional Regulatory Initiatives Addressing GHG Leakage in the USA
Erik B. Bluemel* 1. INTRODUCTION While many may view the United States of America’s refusal to participate in the Kyoto Protocol as a strategic effort to undermine mandatory greenhouse gas (GHG) reduction targets – a view not without some merit, regional efforts to combat climate change within the United States can provide valuable information about the design of effective regional GHG emissions trading schemes outside the United States. Indeed, despite the United States’ reluctance to join the Kyoto Protocol and accept mandatory national GHG emissions limits, a variety of states and localities have taken it upon themselves to impose mandatory GHG caps in their jurisdictions. These regional regimes are sprouting up with the explicit goal of inducing action by the national government,1 and they appear to have some effectiveness in promoting industry support for a national program. Congress is now seriously considering legislation to develop a nationwide GHG cap-and-trade system similar in nature to the Kyoto Protocol and the regional regimes developed by the various states and localities.2 * Assistant Professor of Law, University of Denver Sturm College of Law; Member, 2005–present, Commission on Environmental Law, IUCN-World Conservation Union. This Chapter reflects the views of the author only and does not necessarily reflect the views of any of the author’s institutional affiliates, their composite organs, or their staffs. The author can be reached at firstname.lastname@example.org. 1 See, e.g., RGGI (20/12/2005), Memorandum of Understanding, art. 6(C) (hereinafter, ‘RGGI MOU’); California Health & Safety Code § 38501(d). 2 Parker and Yacobucci...
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