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Can the Golden State Catch a Greenhouse Waiver?


Jonathan H. Adler


Case Western Reserve University School of Law; PERC - Property and Environment Research Center

August 2007

Case Legal Studies Research Paper No. 07-25

Abstract:     
In 2004, California adopted the nation's first regulations limiting the emission of greenhouse gases from new motor vehicles. Before these regulations can take effect, however, California must obtain a waiver of preemption under the Clean Air Act from the U.S. Environmental Protection Agency. California has sought, and received, numerous waivers of preemption for air pollution control programs in the past. EPA approval of this waiver request is not automatic, however. This essay provides an overview of the distinct legal and policy issues raised by California's request for a waiver of federal preemption of its new greenhouse gas emission regulations. After summarizing the legal requirements for obtaining a waiver of preemption under the Clean Air Act, this essay explains why it may be more difficult for California to obtain a waiver for greenhouse gas emission regulations than it has been for prior state regulations governing traditional air pollutants. The essay then considers how California's waiver request fits into a broader policy framework dividing responsibility for environmental protection between the federal and state governments. Accepting there are strong arguments for greater state flexibility in environmental law, this essay assesses the relative strength of California's demand for greater freedom to set its own greenhouse gas emission control policies.

Number of Pages in PDF File: 27

Keywords: Clean Air Act, EPA, waiver of federal preemption, California's greenhouse gas emission regulations, Energy Policy & Conservation Act, Massachusetts v. EPA, California Air Resources Board, vehicle emission standards

JEL Classification: K30, K32, Q25, Q28

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Date posted: August 13, 2007  

Suggested Citation

Adler, Jonathan H., Can the Golden State Catch a Greenhouse Waiver? (August 2007). Case Legal Studies Research Paper No. 07-25. Available at SSRN: http://ssrn.com/abstract=1005630 or http://dx.doi.org/10.2139/ssrn.1005630

Contact Information

Jonathan H. Adler (Contact Author)
Case Western Reserve University School of Law ( email )
11075 East Boulevard
Cleveland, OH 44106-7148
United States
216-368-2535 (Phone)
216-368-2086 (Fax)
HOME PAGE: http://www.jhadler.net
PERC - Property and Environment Research Center
2048 Analysis Drive
Suite A
Bozeman, MT 59718
United States

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