Current Issue

Discussion of policy approaches to reducing greenhouse gas emissions currently centers on emission trading, virtually to the exclusion of all other options. While trading has a place in the policy…

This Article challenges the prevailing view that state action on climate change is misconceived because it cannot meaningfully impact greenhouse gas emissions. We argue that inducing technological change provides an…

This Article argues for a bifurcated approach to the constitutional authority of states to pursue climate change mitigation. Courts should reject regulations that violate clear statutory preemption clauses, discriminate against…

The federal government has grown very aggressive in asserting preemption of state laws. In the context of climate, this issue is playing out in the realm of mobile sources and…