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In the spring of 2007, the U.S. Supreme Court ruled in Massachusetts v. EPA that the U.S. Environmental Protection Agency (EPA) must promulgate automobile tailpipe greenhouse gas emission standards under Section 202 of the Clean Air Act (CAA). American environmentalists hailed the Supreme Court's decision as an important victory in the battle to curb global warming. This article argues to the contrary that: 1) a large body of economic work demonstrates that the likely geographic and temporal pattern of costs and benefits to the U.S. from climate change bears no resemblance to the pollution problems that Congress intended to deal with in the Clean Air Act - with moderate climate change predominantly benefiting, rather than harming, the U.S. - so that that the Clean Air Act cannot reasonably be interpreted to cover greenhouse gas emissions; 2) By effectively forcing the EPA to regulate ghg emissions under a statute that was never intended to cover the very different problem of climate change, the Court has changed the policy status quo in a way that makes socially desirable federal climate change legislation less likely; and 3) given the global nature of the greenhouse gas emission problem, unilateral emission limits in the U.S. are likely to be worse than ineffective, in that they will likely have the perverse effect of lessening the incentive for latecomers to climate change regulation (such as China) to themselves take costly action to reduce such emissions. The article concludes by arguing that a sensible formulation of U.S. climate change policy would involve measures to respond both to the long-term threat to the U.S. and the short-term threat to developing countries. There are policy instruments appropriate to these goals: large increases in subsidies for research and development into clean coal and alternative fuels to respond to the long term threat to the U.S.; redirecting foreign aid to fund climate change adaptation in developing countries to respond to the short term threat to developing countries.
The current frenzy over global warming has galvanized the public and cost taxpayers billons of dollars in federal expenditures for climate research. It has spawned Hollywood blockbusters and inspired major political movements. It has given a highe...
Winner of the Julia Ward Howe Prize “The gripping story of the most important environmental law case ever decided by the Supreme Court.” —Scott Turow “In the tradition of A Civil Action, this book makes a compelling story of the court fight that paved the way for regulating the emissions now overheating the planet. It offers a poignant reminder of how far we’ve come—and how far we still must go.” —Bill McKibben, author of The End of Nature On an unseasonably warm October morning, an idealistic young lawyer working on a shoestring budget for an environmental organization no one had heard of hand-delivered a petition to the Environmental Protection Agency, asking it to restrict greenhouse gas emissions from new cars. The Clean Air Act authorized the EPA to regulate “any air pollutant” thought to endanger public health. But could carbon dioxide really be considered a harmful pollutant? And even if the EPA had the authority to regulate emissions, could it be forced to do so? The Rule of Five tells the dramatic story of how Joe Mendelson and the band of lawyers who joined him carried his case all the way to the Supreme Court. It reveals how accident, infighting, luck, superb lawyering, politics, and the arcane practices of the Supreme Court collided to produce a legal miracle. The final ruling in Massachusetts v. EPA, by a razor-thin 5–4 margin brilliantly crafted by Justice John Paul Stevens, paved the way to important environmental safeguards which the Trump administration fought hard to unravel and many now seek to expand. “There’s no better book if you want to understand the past, present, and future of environmental litigation.” —Elizabeth Kolbert, author of The Sixth Extinction “A riveting story, beautifully told.” —Foreign Affairs “Wonderful...A master class in how the Supreme Court works and, more broadly, how major cases navigate through the legal system.” —Science
"This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage"--Page 4 of cover.
The Clean Air Act of 1970 set out for the United States a basic, yet ambitious, objective to reduce pollution to levels that protect health and welfare. The Act set out state and federal regulations to limit emissions and the Environmental Protection Agency was established to help enforce the regulations. The Act has since had several amendments, notably in 1977 and 1990, and has successfully helped to increase air quality. This book reviews the history of the Clean Air Act of 1970 including the political, business, and scientific elements that went into establishing the Act, emphasizing the importance that scientific evidence played in shaping policy. The analysis then extends to examine the effects of the Act over the past forty years including the Environmental Protection Agency’s evolving role and the role of states and industry in shaping and implementing policy. Finally, the book offers best practices to guide allocation of respective government and industry roles to guide sustainable development. The history and analysis of the Clean Air Act presented in this book illustrates the centrality of scientific analysis and technological capacity in driving environmental policy development. It would be useful for policy makers, environmental scientists, and anyone interested in gaining a clearer understand of the interaction of science and policy. Offers an overview of the 1970 Clean Air Act and its subsequent effects Highlights the relationship between policy and scientific discovery Extracts lessons from the United States to apply to other policy and national contexts
Reexamining Customary International Law takes on the complex issues and controversies surrounding the history, theory, and practice of customary international law as it reexamines customary law's increasingly important role in world affairs. It incorporates the expertise of distinguished authors to probe many difficult issues that remain unresolved concerning the doctrine of customary law. At the same time, this book engages in a profound exploration of the practical role of customary international law in a variety of important fields, including humanitarian law, human rights law, and air and space law.