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Holly Doremus, “Lots of Science, Not Much Law: Why Knowledge Has Not (Yet) Been Power Over Greenhouse Gas Emissions,” in Global Warming: A Reader (William H. Rodgers & Michael Robinson-Dorn eds., Carolina Academic Press, 2009).
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Daniel Farber, Climate Justice and the China Fallacy, 15 Hastings W.-N.W. J. Envtl. L. & Pol'y 15 (2009) –discussed how China’s GHG emissions are used by the US to justify its reluctance to stricter regulation, and how this use is incongruent with the established legal practices of the US tort system
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Alice Kaswan, Climate Change, Consumption, and Cities, 36 Fordham Urb. L.J. 253 (2009) –discussed the need for reducing consumption for GHG emissions to be reduced, the current legal blocks to local government regulation, and how these roadblocks could be overcome so that local governments could be most effective
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Alice Kaswan, The Senate’s Refinements to Climate Change Legislation: Tailoring the Clean Air Act for Greenhouse Gases, CPRBlog, November 5, 2009,
http://www.progressivereform.org/CPRBlog.cfm?idBlog=C54BE0CF-0043-8D62-0D668B5A3FCE1A53 –discussed the Boxer-Kerry bill’s adjustments to the Clean Air Act’s regulatory mechanisms and argued for Congress to develop a new regulatory approach to GHG emissions rather than attempting to refine CAA
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Nina Mendelson, The California Greenhouse Gas Waiver Decision and Agency Interpretation: A Response to Galle and Seidenfeld, 57 Duke L.J. 2157 (2008) –discussed Galle and Seidenfeld’s suggestion that agency preemption would result in more transparency and accountability in preemption decision making, agreeing that more oversight of these decisions is necessary, but arguing that the authors’ somewhat reserved stance on the issue pointed out some of the shortcomings of agency preemption
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Christopher Schroeder, California, Climate Change and the Constitution, 35Envtl. L. Rep. News &Analysis 10653 (2007), reprinted in 25 Envtl. Forum (2008) –discussed California’s attempts at stricter GHG emission laws and the problems faced, including the constitutionality and federal preemption issues, leakage and linking with foreign standards