Combating Climate Change with Section 115 of the Clean Air Act
Law and Policy Rationales
Published on 20. October 2020
Book
Hardback
384 pages
978-1-78643-460-9 (ISBN)
Description
Editor Michael Burger brings together a comprehensive assessment of how one statutory provision - Section 115 of the Clean Air Act, ''International Air Pollution'' - provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action.
This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address.
Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.
This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address.
Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.
Reviews / Votes
'Combating Climate Change with Section 115 of the Clean Air Act shows how a farsighted section of the Clean Air Act - the international air pollution provision - can provide the President with ample authority to achieve our global climate commitments, even in the absence of new legislation. Its carefully reasoned approach could be the basis for crafting an effective U.S. climate policy under existing law, and once again, make the United States a global leader in tackling the climate crisis.'--ohn Podesta, Former White House Chief of Staff and Founder of the Center on American Progress, US'Produced by an all-star team of top environmental lawyers, Combating Climate Change with Section 115 of the Clean Air Act offers a detailed action plan and legal foundation for taking on climate change using the existing - but untested - Clean Air Act regulatory authority to address international air pollution. Creative, comprehensive, and detailed, this book could well become the go-to guide for those who want to see the United States reassert a leadership role in response to the build-up of greenhouse gas emissions in the atmosphere.'
--Dan Esty, Yale University, US
More details
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
Dimensions
Height: 234 mm
Width: 156 mm
ISBN-13
978-1-78643-460-9 (9781786434609)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Edited by Michael Burger, Executive Director, Sabin Center for Climate Change Law, Senior Research Scholar and Lecturer-in-Law, Columbia Law School, US
Content
Contents:
Foreword ix
Hon. Henry Waxman
1 Introduction 1
Michael Burger
PART I CONTENT
2 The legislative history of Section 115 15
Philip S. Barnett
3 Section 115 in practice 41
Justin Gundlach
4 The environmental case for action under Section 115 62
Michael B. Gerrard
5 The economic case for action under Section 115 79
Jason Schwartz and Jayni Hein
PART II DEFINITIONS
6 Judicial review in the new age of deference 101
Jonathan Z. Cannon
7 The Substantive elements of Section 115 125
Michael Burger and Daniel P. Selmi
8 Procedural reciprocity 153
Keith J. Benes
9 Substantive reciprocity 176
Ann E. Carlson
10 EPA's nondiscretionary duties to act under Section 115 192
Cale Jaffe and Michael A. Livermore
PART III IMPLEMENTATION
11 The Section 115 SIP call 208
Phil Barnett and Alexandra E. Teitz
12 Implementing Section 115 through the SIP revision process 239
Jared Snyder and Jessica Wentz
13 Transportation fuels and consumer natural gas 274
Jayni Foley Hein
14 Offsets 292
Jason Schwartz
15 Addressing carbon leakage in a Section 115 world 311
Greg Dotson
Index
Foreword ix
Hon. Henry Waxman
1 Introduction 1
Michael Burger
PART I CONTENT
2 The legislative history of Section 115 15
Philip S. Barnett
3 Section 115 in practice 41
Justin Gundlach
4 The environmental case for action under Section 115 62
Michael B. Gerrard
5 The economic case for action under Section 115 79
Jason Schwartz and Jayni Hein
PART II DEFINITIONS
6 Judicial review in the new age of deference 101
Jonathan Z. Cannon
7 The Substantive elements of Section 115 125
Michael Burger and Daniel P. Selmi
8 Procedural reciprocity 153
Keith J. Benes
9 Substantive reciprocity 176
Ann E. Carlson
10 EPA's nondiscretionary duties to act under Section 115 192
Cale Jaffe and Michael A. Livermore
PART III IMPLEMENTATION
11 The Section 115 SIP call 208
Phil Barnett and Alexandra E. Teitz
12 Implementing Section 115 through the SIP revision process 239
Jared Snyder and Jessica Wentz
13 Transportation fuels and consumer natural gas 274
Jayni Foley Hein
14 Offsets 292
Jason Schwartz
15 Addressing carbon leakage in a Section 115 world 311
Greg Dotson
Index