This paper deconstructs the relationship between harm and pollution, and argues that understanding this relationship creates valuable opportunities for improving environmental policy by minimizing or even eliminating the harm from some pollutants, even when reducing the total amount of pollution...

The United States has long suffered from a schizophrenia about energy policy. The importance of one of the factors in energy policy, the environment, has never been formally defined. Climate change adds another distinct layer to this complexity, as neither energy policies nor environmental...

This article focuses on legal developments since mid-2011 relating to the control of both carbon dioxide (CO2) and conventional pollutants from coal-fired electric power plants. It deals as briefly as possible with pre-2011 issues that are discussed in the author's numerous publications over the...

For the last four decades, benefit-cost analysis has been a mainstay of the U.S. federal regulatory process and, under Executive Orders in effect since 1981, such analysis must generally be used to justify significant federal regulations. While administrations of different parties have...

Global warming, sea level rise, and extreme weather events have made climate change a top priority for policymakers across the globe. But which policies are best suited to tackle the enormous challenges presented by our changing climate? This Article proposes that policymakers turn to prediction...

This Essay examines and explains the positions of the principal interest groups over the past four decades with respect to the two central questions of environmental policy: the appropriate policy goal and the instrument that should be used to carry out the policy. With respect to the first...

In a report from the United Nations Environmental Program that addressed climate change, the authors point out that the built environment in both emerging and developed countries accounts for more than forty percent of the global energy usage while also emitting at least one third of the world's...

The Covenant of Mayors-Sustainable Energy Action Plan (SEAP) is a crucial tool for local authorities to face climate change, starting by addressing the specific problem of CO2 emissions reduction through a comprehensive approach involving several local activities. At the same time, the Covenant...

Given the increased national attention to the use of the Clean Air Act to address climate change, an analysis of the origins of the Clean Air Act is instructive for understanding the law in its current form. Contrary to the traditional view, the formation of the Clean Air Act was not the result...

Existing North American regional programs for capping and reducing greenhouse gas emissions have come under criticism based on concerns regarding their perceived impact on environmental justice communities. When viewed through an ethical lens, programs that distribute emissions allowances by way...