Download or read book State Greenhouse Gas Regulation Federal Climate Change Legislation and the Preemption Sword written by William W. Buzbee and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article, derived from a paper first given at a 2009 Conference at San Diego Law School, analyzes the rationales for retention of state authority to regulate greenhouse gas emissions even if federal climate legislation were enacted that primarily utilizes a cap-and-trade strategy. Climate policy activism and innovation by numerous states and local governments over the past decade in the absence of a federal climate law has been analyzed extensively. This article links the rationales for preservation of state climate regulatory authority to the substantial risks of at least partial regulatory failure faced by any federal law. It is substantially likely that a federal climate change law will prove too lax, be too slow to reduce emission levels, incorrectly predict climate change effects and science, or overestimate compliance costs. If such a law preempted state authority, then the dynamic of state regulatory activity as catalyst for improved or new federal law would be lost. In addition, room for state climate innovations and experimentation could be discouraged or precluded, denying states the ability to tailor their efforts to their state's particular risks and opportunities, and denying everyone benefits of successful innovations. Furthermore, since most greenhouse gas emissions involve co-pollutants or are also regulated for other effects, any attempt at a preemptive federal climate law could be used to preclude other areas of state regulation. Of particular importance is retention of state authority to require polluters to emit less than federally allowed and also retire allowances or charge more in carbon allowances per unit of greenhouse gas emitted. Without this last form of retained authority, then regardless of other language, only the level of a federal cap would matter. After reviewing the preemption choices in a federal climate bill, the article shows how preemption jurisprudence makes ambiguous or even mildly preemptive language regarding retained state authority substantially likely to be given broad effect by agencies or courts, especially in applying “obstacle” preemption doctrine. The article closes by suggesting anti-preemptive statutory criteria and relegation of any preemption claims to a Preemption Review Committee that would base preemption judgments on statutory criteria and record evidence of problematic conflicts.
Download or read book Of Happy Incidents Climate Federalism and Preemption written by James R. May and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article examines the shape of things to come in the overlapping realm of federalism and preemption. It questions whether and to what extent notions of federalism shape how federal law - or the absence of it - preempts states from taking measures to address climate change. A burgeoning body of legal scholarship mulls whether federal law ought to preempt state action. There is yet relatively spare legal scholarship on preemption reflecting recent developments in the courts and at EPA. Part One explains how federalism principles have shaped responses to climate change. It observes how allowing states to take steps to regulate GHG emissions is well-grounded in our nation's tradition of dual sovereignty and federalism and is consistent with the Supreme Court's recent decision in Massachusetts v. EPA. It opines that state responses to climate change are consistent with federal law, which is designed to allow ample breathing room for state action and cooperative federalism. Thus, it concludes that EPA's denial of California's recent request to implement standards for greenhouse gas emissions from motor vehicles seems incongruent with a principal platitude of so much political theory. Part Two addresses how preemption jurisprudence shapes state decisions concerning climate change. It considers how preemption has shaped modern environmental law, and how it might affect state climate measures. It examines the reasoning behind recent court decisions that held that federal law does not preempt state GHG emission standards for new vehicles. It concludes the test cases deflecting preemption challenges get it right. In short, states are supremely situated to experiment with social and technological reform to curtail precursors to climate change.
Download or read book The Sweet Taste of Defeat written by Katherine A. Trisolini and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the midst of a charged political battle over the Environmental Protection Agency's nascent efforts to regulate greenhouse gases under the Clean Air Act, the Supreme Court issued its 2011 decision in American Electric Power v. Connecticut (AEP). The Court held that plaintiffs' federal common law public nuisance cause of action had been displaced by the Clean Air Act. Many headlines touted the decision as a win for utilities, highlighting the Court's rejection of states' and environmentalists' claims against the five largest electricity generators in the United States. Although public nuisance lawsuits are often viewed as a distinct predecessor to regulation under modern federal environmental statutes, this article argues that these common law actions can significantly influence development of a federal regulatory regime for greenhouse gases. By strongly reaffirming the Court's 2007 decision in Massachusetts v. EPA, Justice Ginsburg's brief opinion strengthened the Environmental Protection Agency's authority to regulate greenhouse gases under the Clean Air Act. Moreover, because the Court held that displacement of public nuisance claims under federal common law hinges on EPA's authority to regulate greenhouse gases, the decision impedes congressional Republicans' efforts to obstruct EPA's climate change efforts by amending the Act. Meanwhile, the Court did not decide whether or not the Clean Air Act preempts public nuisance actions brought under state law, leaving intact another possible tort avenue for plaintiffs. By bolstering EPA's nascent efforts to regulate greenhouse gases, the decision appreciably advances the development of a federal regulatory regime to address climate change. Further, assuming they survive preemption challenges, public nuisance actions under state law could advance federal greenhouse gas regulation in both and intangible ways by serving as highly visible fora for discussing climate change impacts, generating political pressure, and prompting data collection, among other things.
Download or read book AEP s Tipping Point written by Tristan L. Duncan and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional Limits to Creative Common-Lawmaking. This article challenges the thesis of Yale Law Professor Douglas Kysar and Benjamin Ewing in 'Prods and Pleas': Limited Government in An Era of Unlimited Harm, who urge courts to entertain climate change tort claims as a means to “prod and plea” Congress to enact comprehensive Greenhouse Gas emissions standards. In response to this attack on limited government, Ms. Duncan and Mr. Massey explore the constitutional constraints on the judicial role in the context of climate change, an inherently international and systemic issue, which entails cost-benefit and distributional decisions that only the political branches can make. Functional Reasoning to Reject Climate-Change Common Law Claims. A striking feature of the Supreme Court's AEP decision is Justice Ginsburg's functional reasoning regarding the limits on the judicial role. The opinion rejects “parallel tort tracks” and instead endorses judicial review of administrative rule-making petitions as the constitutionally more appropriate “prod and plea.” Implied Preemption Presumption for Global Problems Like Climate-Change. Although the Supreme Court 's AEP decision expressly reserved ruling on whether state common-law climate change claims are preempted by federal law, the opinion outlines the basis for a presumption in favor of preemption when an issue necessarily requires a uniform, national approach. Judicial Activism vs Restraint in Climate-Change Policy-Making. Ms. Duncan and Mr. Massey express concern that the “political theater” approach advocated by Kysar/Ewing would trigger charges of “judicial activism” and violate the limits of Article III. The Kysar/Ewing proposal is particularly alarming in light of proposals in state legislatures to circumscribe judicial independence. The proposal imperils the legitimacy of judicial decision-making and risks eroding popular support for the courts at a time when the Judiciary can ill afford such attacks.
Download or read book Reorganizing Government written by Alejandro Camacho and published by NYU Press. This book was released on 2019-08-27 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: A pioneering model for constructing and assessing government authority and achieving policy goals more effectively Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensions—centralization, overlap, and coordination. Camacho and Glicksman demonstrate how differentiating among these dimensions better illuminates the policy tradeoffs of organizational alternatives, and reduces the risk of regulatory failure. The book also explains how differentiating allocations of authority based on governmental function can lead to more effective regulation and governance. The authors illustrate the practical value of this framework for future reorganization efforts through the lens of climate change, an emerging and vital global policy challenge, and propose an “adaptive governance” infrastructure that could allow policy makers to embed the creation, evaluation, and adjustment of the organization of regulatory institutions into the democratic process itself.
Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book Yale Law Journal Volume 123 Number 6 April 2014 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2014-04-16 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: The April 2014 issue of The Yale Law Journal features new articles and essays on law and legal theory by internationally recognized scholars. An extensive Feature explores the idea of Federalism as the New Nationalism, with contributions by Jessica Bulman-Pozen ("From Sovereignty and Process to Administration and Politics: The Afterlife of American Federalism"), Heather Gerken ("An Overview," "The Loyal Opposition"), Abbe Gluck ("Our [National] Federalism"), Alison LaCroix ("The Shadow Powers of Article I"), and Cristina Rodríguez ("Negotiating Conflict Through Federalism: Institutional and Popular Perspectives"). The issue serves, in effect, as a new and detailed book on new concepts and practices of U.S. federalism. In addition, the issue includes these contributions from scholars and students: • Article, "The Power to Threaten War," by Matthew C. Waxman • Essay, "Five to Four: Why Do Bare Majorities Rule on Courts?" by Jeremy Waldron • Note, "Dignity as a Value in Agency Cost-Benefit Analysis," by Rachel Bayefsky • Note, "Early Release in International Criminal Law," by Jonathan Choi • Note, "Ex Ante Review of Leveraged Buyouts," by Laura Femino • Comment, "Innocent Abroad? Morrison, Vilar, and the Extraterritorial Application of the Exchange Act," by Daniel Herz-Roiphe Quality ebook edition features linked notes, active Contents, active URLs in notes, proper Bluebook formatting, and full presentation of original tables and images. This April 2014 issue is Volume 123, Number 6.
Download or read book Mining and Energy Law written by Samantha Hepburn and published by Cambridge University Press. This book was released on 2023-08-31 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mining and Energy Law is a thorough examination of the contemporary mining and energy sectors in Australia. It explores the law governing the current mix of sources utilised in the Australian energy sector, from petroleum and natural gas to renewable energy sources including wind and solar power.
Download or read book Yale Law Journal Volume 121 Number 3 December 2011 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2011-12-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue of The Yale Law Journal (the third issue of Volume 121, academic year 2011-2012) features articles on "patent inflation" and on implementing federal health care reform within a state under principles of federalism. Contributors include the noted scholars Jonathan Masur and Abbe Gluck. The issue also features student contributions on punitive damages in tort law, taxation and "common control" doctrine, and the proper role of the Solicitor General. Ebook formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and comments), as well as fully-linked cross-references and properly presented tables.
Download or read book What Does Our Legal System Owe Future Generations written by and published by . This book was released on 2009 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Brookings Big Ideas for America written by Michael E. O'Hanlon and published by Rowman & Littlefield. This book was released on 2017 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a new administration takes office, what are the biggest issues facing the country? The Brookings Institution offers answers to that question in this volume, which continues the Brookings tradition of providing each incoming administration with a nonpartisan analysis of the major domestic and foreign questions confronting America. On the domestic front, Brookings scholars tackle topics ranging from health care and improving economic opportunity to criminal justice reform, lawful hacking, and improving infrastructure. The alliance system, the relationship with China, nuclear weapons, terrorism, and the ongoing conflicts in Afghanistan and Syria among the foreign policies issues addressed. Throughout, Brookings scholars share their individual ideas on how best to address the agenda that awaits the new administration.
Download or read book Brittle Power written by Amory B. Lovins and published by . This book was released on 1982 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Polyphonic Federalism written by Robert A. Schapiro and published by ReadHowYouWant.com. This book was released on 2011-08-22 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between the state and the national government is among the most contested issues in the United States. And questions about where power should reside, how decisions should be made, and how responsibility should be allocated have been central to the American experiment in federalism. In Polyphonic Federalism, Robert A. Schapiro defends the advantages of multiple perspectives in government, arguing that the resulting ''polyphony'' creates a system that is more efficient, democratic, and protective of liberties. This groundbreaking volume contends that contemporary views of federalism are plagued by outmoded dualist notions that seek to separate state and federal authority. Instead, Schapiro proposes a polyphonic model that emphasizes the valuable interaction of state and federal law, one that more accurately describes the intersecting realities of local and national power. Through an analysis of several legal and policy debates, Polyphonic Federalism demonstrates how a multifaceted government can best realize the potential of federalism to protect fundamental rights.
Download or read book Environmental Protection written by Robert L. Glicksman and published by Aspen Publishers. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: When you purchase a new version of this casebook from the LIFT Program, you receive 1-year FREE digital access to the corresponding Examples & Explanations in your course area. Now available in an interactive study center, Examples & Explanations offer hypothetical questions complemented by detailed explanations that allow you to test your knowledge of the topics covered in class. Starting July 1, 2017, if your new casebook purchase does not come with an access code on the inside cover of the book, please contact Wolters Kluwer customer service. The email address and phone number for customer service are on the copyright page, found within the first few pages, of your casebook. Environmental Protection: Law and Policy welcomes Daniel Bodansky, a leading expert on global climate change and international law, as its distinguished new co-author. Completely updated and revised, the Sixth Edition offers a new chapter covering climate change and a substantially revised chapter on international environmental law. Environmental Protection: Law and Policy, now in its Sixth Edition, features a complete introduction to the history of environmental protection, laws and regulations, regulatory design strategies, and policy objectives analysis of constitutional federalism and related policy questions concerning the design and implementation of environmental protection programs an international and interdisciplinary approach that incorporates science, economics, and ethics coverage of the major federal pollution control laws--the Clean Air Act, the Clean Water Act, the Resource Conservation and Recovery Act, CERCLA, and more two chapters on natural resource management issues, focusing on the National Environmental Policy Act and the Endangered Species Act, but also including national forest management landmark and cutting-edge cases with explanatory text, notes and questions charts and graphics, plus numerous exercises and problems. Author website, Teacher's Manual, and annual summer Professor's Updates Completely updated, the Sixth Edition includes a new chapter on climate change that covers important scientific, policy, and program design questions coverage of the 2010 Deepwater Horizon oil spill and its implications for environmental assessment, common law liability, remediation of oil spills, and imposition of liability under the Oil Pollution Act a new section providing comparative analysis of remediation of chemical and oil spills under CERCLA, RCRA, and the Oil Pollution Act substantial revision of the chapter on international environmental law recent developments in preemption law important cases decided by the Supreme Court and the federal Courts of Appeals since the publication of the last edition new problems and streamlined text and note materials
Download or read book Sustainable Security written by Jeremi Suri and published by Oxford University Press. This book was released on 2016 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the United States craft a sustainable national security strategy in a world of shifting threats, sharp resource constraints, and a changing balance of power? This volume brings together research on this question from political science, history, and political economy, aiming to inform both future scholarship and strategic decision-making.
Download or read book Redefining Urban and Suburban America written by Bruce Katz and published by Brookings Institution Press. This book was released on 2004-05-13 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: The early returns from Census 2000 data show that the United States continued to undergo dynamic changes in the 1990s, with cities and suburbs providing the locus of most of the volatility. Metropolitan areas are growing more diverse—especially with the influx of new immigrants—the population is aging, and the make-up of households is shifting. Singles and empty-nesters now surpass families with children in many suburbs. The contributors to this book review data on population, race and ethnicity, and household composition, provided by the Census's "short form," and attempt to respond to three simple queries: —Are cities coming back? —Are all suburbs growing? —Are cities and suburbs becoming more alike? Regional trends muddy the picture. Communities in the Northeast and Midwest are generally growing slowly, while those in the South and West are experiencing explosive growth ("Warm, dry places grew. Cold, wet places declined," note two authors). Some cities are robust, others are distressed. Some suburbs are bedroom communities, others are hot employment centers, while still others are deteriorating. And while some cities' cores may have been intensely developed, including those in the Northeast and Midwest, and seen population increases, the areas surrounding the cores may have declined significantly. Trends in population confirm an increasingly diverse population in both metropolitan and suburban areas with the influx of Hispanic and Asian immigrants and with majority populations of central cities for the first time being made up of minority groups. Census 2000 also reveals that the overall level of black-to-nonblack segregation has reached its lowest point since 1920, although high segregation remains in many areas. Redefining Urban and Suburban America explores these demographic trends and their complexities, along with their implications for the policies and politics shaping metropolitan America. The shifts discussed here have significant influence
Download or read book Anticipatory Policymaking written by Rob A. DeLeo and published by Routledge. This book was released on 2015-09-16 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public policy analysts and political pundits alike tend to describe the policymaking process as a reactive sequence in which government develops solutions for clearly evident and identifiable problems. While this depiction holds true in many cases, it fails to account for instances in which public policy is enacted in anticipation of a potential future problem. Whereas traditional policy concerns manifest themselves through ongoing harms, "anticipatory problems" are projected to occur sometime in the future, and it is the prospect of their potentially catastrophic impact that generates intense speculation and concern in the present. Anticipatory Policymaking: When Government Acts to Prevent Problems and Why It Is So Difficult provides an in depth examination of the complex process through which United States government institutions anticipate emerging threats. Using contemporary debates over the risks associated with nanotechnology, pandemic influenza, and global warming as case study material, Rob A. DeLeo highlights the distinctive features of proactive governance. By challenging the pervasive assumption of reactive policymaking, DeLeo provides a dynamic approach for conceptualizing the political dimensions of anticipatory policy change.
