Description
Book SynopsisEditor 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.
Trade Review'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
Table of ContentsContents: 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
