Of Babies and Bathwater: Why the Clean Air Act's Cooperative Federalism Framework is Useful for Addressing Global Warming

36 Pages Posted: 7 Jul 2008 Last revised: 9 Apr 2014

See all articles by Holly Doremus

Holly Doremus

University of California, Berkeley - School of Law

W. Michael Hanemann

University of California, Berkeley - The Richard & Rhoda Goldman School of Public Policy

Abstract

Discussion of policy approaches to reducing greenhouse gas emissions currently centers on emission trading, virtually to the exclusion of all other options. While trading has a place in the policy portfolio needed to mitigate global warming, it alone will not be sufficient to solve the problem. Emission trading has lowered the costs of achieving certain other air pollution goals, such as reducing acid-rain - causing emissions from power plants, but those problems were much different than global warming. Reducing greenhouse gas emissions enough to prevent harmful climate change will require both changes in individual behavior and the development and diffusion of new technologies. Emission markets to date have not produced either behavioral changes or technological innovation. In the United States, although the Clean Air Act is not a perfect fit for the problem of climate change, its cooperative federalism framework can help fill the gaps left by an emission trading strategy. A mandate, modeled on the Clean Air Act's State Implementation Plan program, that states inventory emission sources and meet emission reduction targets is better suited than markets to motivate behavioral change. Technology-based regulation, with minimum standards set at the federal level but one or more states allowed to impose more stringent standards, can better drive innovation. In crafting federal climate change legislation, Congress should look to better tailor these elements of the Clean Air Act to the greenhouse gas problem, rather than tossing them out in favor of a strictly market-based or preemptive federal regulatory approach.

Keywords: climate change, global warming, Clean Air Act, emission trading, cooperative federalism

Suggested Citation

Doremus, Holly and Hanemann, Michael, Of Babies and Bathwater: Why the Clean Air Act's Cooperative Federalism Framework is Useful for Addressing Global Warming. Arizona Law Review, Forthcoming, UC Davis Legal Studies Research Paper No. 144, Available at SSRN: https://ssrn.com/abstract=1155476

Holly Doremus (Contact Author)

University of California, Berkeley - School of Law ( email )

790 Simon Hall
Berkeley, CA 94720-7200
United States
510-643-5699 (Phone)

Michael Hanemann

University of California, Berkeley - The Richard & Rhoda Goldman School of Public Policy ( email )

School of Natural Resources
327 Giannini Hall
Berkeley, CA 94720
United States
510-642-2670 (Phone)
510-642-3345 (Fax)

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