Jump to Navigation
Jump to Content


Volume 38, Issue 6 — June 2008


A Fresh Start for EPA Enforcement

by Eric Schaeffer

Editor's Summary: EPA's enforcement effort is starting to recover after a recent ebb in activity. In this Article, Eric Schaeffer examines how appointees under the next Administration can take advantage of the new momentum to build an even stronger enforcement program.

Using Emissions Trading to Combat Climate Change: Programs and Key Issues

by David Harrison Jr., Per Klevnas, Albert L. Nichols, and Daniel Radov

Editors' Summary: Emissions trading has emerged as the major policy instrument to address climate change, as evidenced by programs and proposals in Australia, Europe, the United States, and elsewhere. A host of choices need to be made to design and implement a greenhouse gas emissions trading program, choices that are important both to the performance of the program and to the many private firms and groups that are affected. In this Article, David Harrison Jr., Per Klevnas, Albert L. Nichols, and Daniel Radov investigate these alternatives. They explain that private firms and sectors need to understand how their costs and revenues might be affected--including differences depending upon various policy alternatives--and to determine how to take advantage of the flexibility provided by emissions trading. The development of a carbon market as well as the other market effects of a climate change program also will affect key decisions such as the development of new capacity or the retirement of existing plants and equipment. Understanding these influences will help firms and sectors to respond effectively and, in the process, allow the trading programs to achieve goals of meeting key climate change objectives at lowest cost to society.

An Analysis of the Leading Climate Change Bills in the U.S. Senate

by Kenneth R. Richards and Stephanie Hayes Richards

Editors' Summary: The two leading broad-based climate change bills in the U.S. Senate are America's Climate Security Act of 2007 (Warner-Lieberman Bill) and the Low Carbon Economy Act of 2007 (Bingaman-Specter Bill). In this Article, Prof. Kenneth R. Richards and Stephanie Hayes Richards examine the most important differences between the two bills, comparing the strengths and weaknesses of each. They make recommendations regarding the bills' emissions targets, cost containment measures, regulation methods, offset and credit provisions, allowance allocation, use of auction revenues, and general strategic approach. Attention to these issues will help the Senate create a more effective U.S. climate change policy.

Recent Clean Air Act Developments--2007

by Ari G. Altman and Jessica M. Lewis

Editor's Summary: Last year saw many exciting developments in CAA law and policy, including implications and fallout from the U.S. Supreme Court decision in Massachusetts v. EPA. In this Article, Ari G. Altman and Jessica M. Lewis look at a number of cases involving carbon dioxide emissions from both mobile and stationary sources. They address the momentum toward passing climate change legislation in Congress and moving to implement cap-andtrade systems at the regional level, as well as several potential options for regulating greenhouse gases under the existing CAA. Further, they examine a pivotal decision related to the ozone air quality standard, as well as key cases and EPA rulemakings relating to the control of hazardous air pollutants. A recent decision overturning the Clean Air Mercury Rule receives special attention. Finally, they highlight developments in new source review policy and provide a forecast of certain upcoming EPA rulemakings under the CAA.

Polarization and Dialogue in Clean Air Law

by Jonathan S. Martel

Editors' Summary: What leads to effective resolution of environmental policy disputes? When is conversation about a topic constructive, and when is it pointless? Can people with diametrically opposed interests dialogue constructively in today's highly partisan environmental policy arena? At the November 2007 ALI-ABA course, "Clean Air: Law, Policy, and Practice," the key players in several recent and highly controversial air policy issues discussed these questions and identified the elements necessary to help encourage dialogue on pressing environmental policies. Moderator Jonathan Martel offers opening and concluding comments to this transcript to help contextualize the issues.