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The Legislative Temperature for Climate Change

40 Pages Posted: 20 Nov 2007  

Victor Byers Flatt

University of Houston Law Center; University of North Carolina (UNC) at Chapel Hill - School of Law; University of Houston Global Energy Management Institute


It is almost certain that the US Congress is going to pass some kind of comprehensive climate change legislation that in some fashion will have mandatory limits or costs for the production of Carbon Dioxide. How this legislation is constructed will have enormous impacts on the economy and the ultimate stabilization of the world's climate. While interest groups have been putting forth proposals, it is difficult to get a comprehensive picture of all of the issues that should be addressed and how the various legislative proposals address them. This article attempts to do just that. This article first analyzes what issues should be considered in climate change legislation and why they should be considered, then proposes how these issues should be resolved, and how the various proposals come down on these issues.

Keywords: environment, environmental, climate, climate change, legislation, environmental law, environmental administration, carbon dioxide, tradeable emissions, carbon dioxide allocations, greenhouse gases, auctions, carbon tax, CO2 auction

JEL Classification: K23, K32, L51, L60, L94, O31, D44, D61, D63, D64

Suggested Citation

Flatt, Victor Byers, The Legislative Temperature for Climate Change. Northwestern University Law Review, Vol. 102, 2007. Available at SSRN:

Victor Byers Flatt (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States
713-922-0392 (Phone)

University of North Carolina (UNC) at Chapel Hill - School of Law ( email )

Van Hecke-Wettach Hall, 160 Ridge Road
CB #3380
Chapel Hill, NC 27599-3380
United States


University of Houston Global Energy Management Institute ( email )

Houston, TX 77204-6021
United States

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