CPR Climate Change Bibliography

Global warming

• Carl Cranor, "Collective and Individual Duties to Reduce Global Warming," in Climate Change and the Neo-Liberal Model (David M. Driesen ed., MIT Press, 2009)
• Holly Doremus, Of Babies and Bathwater: Why the Clean Air Act’s Cooperative Federalism Framework is Useful for Addressing Global Warming, 50 Ariz. L. Rev. 799 (2008) (with Michael Hanemann) –suggested that greenhouse gas emissions should be regulated in a similar way to the Clean Air Act by having a minimum federal standard and allowing states to enact more stringent standards to capitalize on innovation at the state level
• Daniel Farber, Global Warming and the United States: Will America Act? 8 Meiji Gakuin U. Graduate L. Sch. L. Rev. 97 (2008) (with Y. Tsuji)
• Eban Goodstein, Fighting for Love in the Century of Extinction: How Passion and Politics Can Stop Global Warming (University of Vermont Press, 2007) –selected critical acclaim: "Fighting for Love radiates with Eban Goodstein's genuine awe at the exquisite interconnectedness of our natural world. It focuses our attention on our spiritual connections with all forms of life. And it encourages us to engage in the rough and tumble realities of American politics. This book moves Goodstein from being a pied-piper of the climate movement to one of its prophets."--Ross Gelbspan, author, The Heat Is On and Boiling Point; "Goodstein provides a good nonscientific account of the global climate change problem that is an informative read for nonscience audiences at all levels." –Choice
• Eban Goodstein, “Politics, Passion and Tent Poles,” in Ignition: What You Can Do to Fight Global Warming and Spark a Movement (Jon Isham and Sissel Waage eds., 2007)
• Eban Goodstein, Founder, The National Teach-in on Global Warming Solutions –a climate change educational program; featured a 2008 teach-in to educate elected officials and nominees, as well as their constituents through speeches, webcasts, and panel discussions; a 2009 program called the Nationwide Town Hall on America’s Energy Future connected Congress members directly with their constituents to discuss clean energy alternatives and sustainability
• William Rodgers, Global Warming: A Reader (Carolina Academic Press, 2009)(with Jeni Barcelos, Anna T. Moritz, & Michael Robinson-Dorn)
• Christopher Schroeder, Global Warming and the Problem of Policy Innovation: Lessons from the Early Environmental Movement, 39 Envtl. L. 285 (2009) –discussed how the current concern among Americans regarding climate change is not as elevated as environmental concerns in the sixties and seventies, and how this lowered level may delay new policies, especially when fighting special interests 

Greenhouse gas emissions

• 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).
• 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
• Daniel Farber, The Other Shoe Drops: EPA Finally Issues Endangerment Finding, CPRBlog, December 7, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=6ADF0DCC-F526-D636-86B2A43DA383CE40 – discussed EPA’s official determination that climate change exists due to greenhouse gas emissions, and is fueled by human activity
• Daniel Farber, A Long-Overdue Step: EPA Addresses Climate Change, CPRBlog, April 17, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=B604592B-1E0B-E803-CACA7F3C04CF6682 – discussed EPA’s announcement that greenhouse gases are harmful and will be regulated under the Clean Air Act after a time for public comment, and why this important step took EPA so many years to take
• 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
• 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
• 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
• 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

Legislation

• Holly Doremus, “The Clean Air Act as a Template for Climate Change Legislation,” in Climate Change and Federalism (with Michael Hanemann) (Edella Schlager et al. eds, University of Arizona Press, 2010).
• David Driesen, The Changing Climate for United States Law, 1 CARBON & CLIMATE L. REV. 35 (2007) –discussed climate change laws in the US and analyzed the need for an economic approach and legal analysis in federal climate change laws
• David Driesen, Beyond Environmental Law: Policy Proposals for a Better Environmental Future (David M. Driesen & Alyson C. Flournoy, eds., Cambridge University Press, 2010).
• Daniel Farber, Adaptation Planning and Climate Impact Assessments: Learning from NEPA’s Flaws, 39 ENVTL. L. REP. NEWS & ANALYSIS 10605 (2009) –analyzed environmental impact statements and suggested five improvements that should be addressed in the establishment of Climate Adaptation Statements, including more effective supervision and adaptability
• Daniel Farber, Confronting Uncertainty under NEPA, 8 ISSUES IN LEGAL SCHOLARSHIP (2009) –analyzed NEPA, discussed its shortcomings and suggested six major improvements in its approach to climate change
• Daniel Farber, Climate Change, Federalism and the Constitution, 50 ARIZ. L. REV. 879 (2008) –discussed how states have enacted GHG emissions laws despite a lack of federal regulation, and analyzed what the continuing role of states in policy and regulation should be
• Daniel Farber, Climate Change and Environmental Impact Statements, CPRBlog, April 17, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=B0B931EB-1E0B-E803-CA9883BB177FE8C9 –discussed some of the more complex issues governments face when enacting climate change legislation
• Victor Flatt, Federal Climate Change Legislation - The Perspective from 2008, 3 ENVT’L & ENERGY L. & POL’Y J. 195 (2008) –introduction to the Symposium entitled, “Climate Change Legislation: the Should, the Bad, and the Maybe;” addressed the major points of the symposium, including whether the system can properly address the complex issue of climate change, if climate change legislation will have a global impact on other governments, how to address previously emitted greenhouse gases, and what the scope of federal legislation will be
• Victor Flatt, Taking the Legislative Temperature: Which Federal Climate Change Legislative Proposal is “Best”? 102 NW. U. L. REV. COLLOQUY 123 (2007) – analyzed which policy choices are of highest priority in climate change laws and why, how these choices could be addressed in legislation, and which, of the ten proposed structures in Congress, would best address those choices
• Victor Flatt, The Legislative Temperature for Climate Change, 102 NW. U. L. REV. (2007) -discussed the vast array of issues that must be addressed in climate change policy and proposed ways to incorporate all of the issues into policy
• Victor Flatt, The Climate for Climate Change Legislation, 102 NW. U.L. REV., 102 NW. U. L. REV. COLLOQUY 123 (2007-08) (reprinted in the Icfai University Journal of Environmental Law; excerpted in Farber, Freeman, and Carlson, Cases and Materials on Environmental Law Supplement (Thomson West 2009); revised and reprinted in Rodgers, Climate Change Reader (2009))
• Donald Hornstein, “Climate Systems and Legal Systems,” in The Report of the UNC Climate Change Committee (November, 2008)
• Douglas Kysar, Introduction: Climate Change and Consumption, 38 ENVTL. L. REP. 10825 (2008) (with Michael P. Vandenbergh) –addressed the consumer as a source of climate change legislation, discussed the lack of regulations against consumers thus far in the legislation, and provided possible mechanisms by which consumer consumption could be regulated
• Christopher Schroeder, Legislating to Address Climate Change: Some Lessons from the Field, 3 ENVTL. & ENERGY L. & POL’Y J. 236 (2008) –discussed the history of setting and implementing environmental policies in the US, applying this history as lessons toward how to set and implement climate change policies
• Rena Steinzor, Climate Change Schizophrenia: Cash for Coal Clunkers, Anthems for Natural Gas, and Delaying Regulation of Hydraulic Fracturing Won’t Win this Epic Battle, CPRBlog, September 2, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=7BA5C6DD-B134-142C-8A6356296A597D81 –discussed the situation where, despite frightening scientific evidence, the US government has continued to resist climate change legislation, citing reasons such as the collapsed economy and lack of spending for issues outside of the immediate future, the disproportionately worse affect on the developing world by climate change, and environmentalists focusing energy on areas that are more sidelines of regulation; also described the CAP report praising natural gas and expansion of its use, and delaying regulation of fracking, despite EPA having already studied the topic
• Joseph Tomain, “Dirty Energy Policy,” in Climate Change and the Neoliberal Model (David Driesen, ed., MIT University Press, 2009).
• Joseph Tomain, “Rethinking Energy Law and Policy,” in Climate Change: A Reader (William Rodgers, ed., Carolina Academic Press, 2009).
• Joseph Tomain, Dirty Energy Policy: Prelude to Climate Change (Cambridge University Press).