Journal of Environmental Law & Litigation : Vol. 23, no. 1 (Spring 2008)

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Browsing Journal of Environmental Law & Litigation : Vol. 23, no. 1 (Spring 2008) by Author "Biering, Brian S."

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    Journal of Environmental Law & Litigation : Vol. 23, No. 1, p. 035-072 : Massachusetts v. EPA: Rescuing Icarus with Environmental Federalism
    (University of Oregon School of Law, 2008) Biering, Raymond A.; Biering, Brian S.
    This Article first addresses the ultimate impact of Massachusetts [v. EPA] in the context of the law of climate change in the United States. We analyze the immediate implications of probable regulatory actions at the federal level which are either mandated by Massachusetts or will likely follow as a result of the Supreme Court’s decision. The Article then considers the existing regional and state climate protection efforts evolving independently of federal climate change initiatives. We argue that these “sub-national” initiatives are evolving in a “federal vacuum.”18 As a case study of sub-national climate change initiatives evolving in the federal vacuum, California’s pioneer programs are looked to as an important economy-wide program that may also play a key role in furthering notions of environmental federalism. In light of the evolution of programs like those in California, this Article considers the potential federal and state conflicts that may arise as a result of regional, state, and local climate change initiatives. Finally, the Article considers goals of environmental federalism, wherein preemption is limited and both federal and sub-national coordination of policy is maximized. By viewing the states as laboratories for effective policy, this conception of environmental federalism would further national reductions in greenhouse gases through the encouragement of sub-national efforts.
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