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Regional Climate Regulation: From State Competition to State Collaboration

San Diego Journal of Climate and Energy Law, Vol. 1, p, 81 2009

San Diego Legal Studies Paper No. 09-017

22 Pages Posted: 9 Jul 2009 Last revised: 29 Aug 2010

Lesley K. McAllister

University of California, Davis - School of Law

Date Written: July 8, 2009

Abstract

States have often been theorized to act as competitors in crafting their environmental policies, engaging in either a “race to the bottom” or a “race to the top.” In the recent development of climate law, however, it is state collaboration and cooperation rather than state competition that have emerged most strongly. This article first discusses how the theories of competitive state behavior would have predicted states to behave in the absence of federal action and describes the contrasting extent to which states have engaged in collaborative initiatives. The article then analyzes why states have been motivated to collaborate in climate law.

Keywords: climate change, regional agreements, race to the top, Regional Greenhouse Gas Initiative, Western Climate Initiative

JEL Classification: K32, K10

Suggested Citation

McAllister, Lesley K., Regional Climate Regulation: From State Competition to State Collaboration (July 8, 2009). San Diego Journal of Climate and Energy Law, Vol. 1, p, 81 2009; San Diego Legal Studies Paper No. 09-017. Available at SSRN: https://ssrn.com/abstract=1431667

Lesley K. McAllister (Contact Author)

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

400 Mrak Hall Dr
Davis, CA CA 95616-5201

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