Table of Contents

Elgar Encyclopedia of Environmental Law

Elgar Encyclopedia of Environmental Law

Edited by Michael Faure

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Chapter I.32: North American greenhouse gas emission trading systems

David Hodas and Patrick DeArmey

Subjects: environment, environmental law, law - academic, environmental law

The Elgar Encyclopedia of Environmental Law is a landmark reference work, providing definitive and comprehensive coverage of this dynamic field. The Encyclopedia is organised into 12 volumes around top-level subjects – such as water, energy and climate change – that reflect some of the most pressing issues facing us today. Each volume probes the key elements of law, the essential concepts, and the latest research through concise, structured entries written by international experts. Each entry includes an extensive bibliography as a starting point for further reading. The mix of authoritative commentary and insightful discussion will make this an essential tool for research and teaching, as well as a valuable resource for professionals and policymakers.

Abstract

There are two regulatory experiments with regional and cross-border greenhouse gas emissions trading in North America that prove instructional to legal scholars exploring future design options and implementation problems. These systems, the Regional Greenhouse Gas Initiative and the Western Climate Initiative, have gone through numerous iterations and are still developing and expanding. Scholarship has emerged analysing the constitutionality and efficacy of the systems as well as carbon leakage issues and problems with linkage between systems. There is minimal case law regarding issues with either scheme. US EPA’s federal Clean Power Plan Rule may affect the existing regional state operated systems, so existing scholarship is limited and inherently speculative. Further analysis and discussion will be needed to address changes new federal law and international commitments may bring.

Abstract

There are two regulatory experiments with regional and cross-border greenhouse gas emissions trading in North America that prove instructional to legal scholars exploring future design options and implementation problems. These systems, the Regional Greenhouse Gas Initiative and the Western Climate Initiative, have gone through numerous iterations and are still developing and expanding. Scholarship has emerged analysing the constitutionality and efficacy of the systems as well as carbon leakage issues and problems with linkage between systems. There is minimal case law regarding issues with either scheme. US EPA’s federal Clean Power Plan Rule may affect the existing regional state operated systems, so existing scholarship is limited and inherently speculative. Further analysis and discussion will be needed to address changes new federal law and international commitments may bring.

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