Abstract

http://ssrn.com/abstract=1365904
 
 

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Whither Subnational Climate Change Initiatives in the Wake of Federal Climate Legislation?


Kirsten H. Engel


University of Arizona - James E. Rogers College of Law


Arizona Legal Studies Discussion Paper No. 09-11
Publius: The Journal of Federalism, 2009

Abstract:     
The imminent prospect of federal climate change legislation raises two questions: will state and local governments continue to press forward with climate change initiatives in wake of congressional action and, if so, what is the likelihood these initiatives will survive the threat of federal preemption? The article concludes that state and local action on climate change is motivated only in part by the federal government's failure to adopt a national climate regulatory program and hence is likely to continue and perhaps even intensify. While a cap and trade program is likely to preempt state regulation of emissions allowances, it is unlikely to preempt many of the climate initiatives being pursued. However, the effect upon existing regional cap and trade regimes remains the biggest question mark.

Number of Pages in PDF File: 44

Keywords: federalism, state, local, federal, regional, climate, climate initiative, preemption, cap and trade, California, Schwarzenegger

JEL Classification: K32

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Date posted: March 21, 2009  

Suggested Citation

Engel, Kirsten H., Whither Subnational Climate Change Initiatives in the Wake of Federal Climate Legislation?. Arizona Legal Studies Discussion Paper No. 09-11; Publius: The Journal of Federalism, 2009. Available at SSRN: http://ssrn.com/abstract=1365904

Contact Information

Kirsten H. Engel (Contact Author)
University of Arizona - James E. Rogers College of Law ( email )
P.O. Box 210176
Tucson, AZ 85721-0176
United States
520-621-5444 (Phone)

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