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Legal Aspects of Carbon TradingKyoto, Copenhagen, and beyond$
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David Freestone and Charlotte Streck

Print publication date: 2009

Print ISBN-13: 9780199565931

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199565931.001.0001

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Emissions Trading in the US: Legal Issues

Emissions Trading in the US: Legal Issues

(p.391) 18 Emissions Trading in the US: Legal Issues
Legal Aspects of Carbon Trading

K Russell LaMotte

David M (Max) Williamson

Lauren A Hopkins

Oxford University Press

This chapter offers a guide to the key legal issues presented by national and sub-national greenhouse gas (GHG) regulatory initiatives in the United States. Section 2 provides an overview of sub-national trading schemes at the regional and state level, where mandatory regulations creating carbon trading regimes are most advanced in the United States. Section 3 surveys a number of legal issues that will play an essential role in the design and implementation of any cap-and-trade scheme in the United States, whether at the national or sub-national level. Section 4 addresses a series of constitutional challenges specific to state or regional programs that may limit the scope and perhaps the viability of these non-federal programs. Section 5 highlights a number of prospective legal issues that are likely to arise in designing a new federal climate change statute, such as the relationship between an emissions trading market and existing US environmental laws and trade policy. It also identifies the legal issues that may arise in the event that there is no new climate change-specific federal statute adopted, in which case the US Environmental Protection Agency (US EPA) may instead seek to generate a market for emissions trading through regulations adopted under the existing Clean Air Act.

Keywords:   greenhouse gas, emissions trading, United States, trading schemes, cap-and-trade schemes, environmental regulation

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