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http://ssrn.com/abstract=1020740
 
 

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Developing a Comprehensive Approach to Climate Change Policy in the United States: Integrating Levels of Government and Economic Sectors


John C. Dernbach


Widener University - School of Law

Thomas D. Peterson


Center for Climate Strategies; Johns Hopkins Global Security Center

Robert B. McKinstry Jr.


Ballard Spahr LLP


Virginia Environmental Law Journal, Vol. 26, 2007
Widener Law School Legal Studies Research Paper No. 08-20

Abstract:     
The United State Supreme Court's holding in Massachusetts v. EPA that greenhouse gases are air pollutants under the Clean Air Act makes it virtually certain that federal climate change legislation will be accomplished by amending that Act. This Article explains and justifies an approach to federal climate legislation that uses and builds on the Act's various tools, including air quality standards, technology-based limitations, and state implementation plans. The Article discusses models for climate response that have emerged from state responses to date and presents the reductions that could be achieved if these were scaled up to the federal level. Federal legislative proposals to date fail to build upon these state lessons and do not provide adequate mechanisms to support the multi-faceted economy wide approach that can achieve needed reductions in a cost-effective manner. We suggest a mechanism whereby the Clean Air Act could be applied or adapted to incorporate state creativity to support the integrated, economy-wide approach that is needed. This approach could also motivate both the individual action and the international cooperation that are required to address climate change effectively.

Number of Pages in PDF File: 43

Keywords: climate change, Clean Air Act, federalism, legislation, Massachusetts v. EPA, greenhouse gas emissions, states

JEL Classification: H11, H77, K19, K23, O38, Q25, Q28, Q38, Q45, Q01

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Date posted: October 11, 2007 ; Last revised: April 12, 2013

Suggested Citation

Dernbach, John C. and Peterson, Thomas D. and McKinstry, Robert B., Developing a Comprehensive Approach to Climate Change Policy in the United States: Integrating Levels of Government and Economic Sectors. Virginia Environmental Law Journal, Vol. 26, 2007; Widener Law School Legal Studies Research Paper No. 08-20. Available at SSRN: http://ssrn.com/abstract=1020740

Contact Information

John C. Dernbach (Contact Author)
Widener University - School of Law ( email )
3800 Vartan Way
P.O. Box 69382
Harrisburg, PA 17106-9382
United States
717-541-1933 (Phone)
Thomas D. Peterson
Center for Climate Strategies ( email )
1899 L Street, NW
Washington, DC 20036
United States
(202) 540-9121 (Phone)
HOME PAGE: http://www.climatestrategies.us
Johns Hopkins Global Security Center ( email )
1717 Massachusetts Avenue, NW
Washington, DC 20036
United States
HOME PAGE: http://advanced.jhu.edu/academic/government/global-security//index.cfm
Robert B. McKinstry Jr.
Ballard Spahr LLP ( email )
1735 Market St
Philadelphia, PA 19103
United States
215-864-8208 (Phone)
215-864-8999 (Fax)
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