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This Article examines the shape of things to come in the overlapping realm of federalism and preemption. It questions … whether and to what extent notions of federalism shape how federal law - or the absence of it - preempts states from taking …. Part One explains how federalism principles have shaped responses to climate change. It observes how allowing states to …
Persistent link: https://www.econbiz.de/10014214592
Federalism is ostensibly misplaced to mitigate climate change as a global public concern as it is prone to import the … and procedures of Swiss federalism, this article attempts to provide a more nuanced assessment of the relationship between … laws designed to mitigate climate change and federalism. It seeks to demonstrate that federalism may support effective …
Persistent link: https://www.econbiz.de/10013226851
States and regional organizations have been in the forefront of programs to address climate change in the United States. The Supreme Court's decision in Massachusetts v. Environmental Protection Agency means that a strong federal response is now also inevitable. Expeditious implementation of a...
Persistent link: https://www.econbiz.de/10014210078
needed climate action elsewhere. The EU is shaping the legal structures of global governance in a multi-polar world by …
Persistent link: https://www.econbiz.de/10014175933
Climate change is one of the most important issues of the twenty-first century. With the Earth’s fate literally hanging in the balance, observers increasingly recognize the fragility of the planet’s ecosystem. Rising temperatures, hurricanes, floods, wildfires, droughts, tropical storms, and...
Persistent link: https://www.econbiz.de/10014177793
Global governance institutions for climate change, such as those established by the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have so far failed to make a significant impact on greenhouse gas emissions. Following the lead of Elinor Ostrom, this paper offers an...
Persistent link: https://www.econbiz.de/10014181444
This chapter examines the role of non-state actors in promoting compliance with climate change instruments and finds that their contribution has been substantial. Non-state actors are proven enforcers – sometimes more effective than states. Climate cases brought by non-state actors to...
Persistent link: https://www.econbiz.de/10014183730
The Obama Administration has been moving aggressively to control greenhouse gas emissions under the Clean Air Act and other pre-existing statutory authority. Much of this new regulation was facilitated – if not mandated – by the Supreme Court’s decision in Massachusetts v. EPA. These...
Persistent link: https://www.econbiz.de/10014184897
Given the high levels of greenhouse gases already in the atmosphere and the likelihood of growing emissions in the future, even aggressive limits on greenhouse gas emissions might ultimately fail to prevent dangerous climate disruptions. To prepare for this risk, some scientists have started to...
Persistent link: https://www.econbiz.de/10014186348
Persistent link: https://www.econbiz.de/10014186666