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CPR Climate Change Bibliography

Obama administration

  • Rebecca Bratspies et al., Protecting Public Health and the Environment by the Stroke of a Presidential Pen: Seven Executive Orders for the President’s First 100 Days, White Paper #806, Washington, D.C.: Center for Progressive Reform (2008) –proposed seven executive orders for the incoming administration – 1., reduction of the federal government’s carbon footprint; 2., consideration of climate change in agency decision-making; 3., taking children into account in toxics regulation; 4., new environmental justice legislation; 5., promotion of transparency in regulatory review; 6., prevention of preemption; and 7., a policy on sustainable public land use
  • Joel Mintz, Presidential Leadership and the Challenge of Global Climate Change, 39 Envtl. L. Rep. 10045 (2009) –addressed the difficulties a president faces in climate change regulation, but proposed specific ways in which the Obama presidency can create sound global climate change policy, after studying a survey by presidential scholars of how US presidents can influence policy
  • Amy Sinden, Obama’s Frank Talk on Climate at the U.N.: More Please, CPRBlog, September 22, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=E370C653-ADA8-ECC4-719A49216CA00998  –discussed President Obama’s recent speech before the UN, his more realistic approach to the vast, volatile and extremely dangerous problem of climate change, and how this less-than-rosy speech style is more appropriate and necessary, offering specific talking points on which the President should continue to focus
  • Amy Sinden, By the Stroke of a Presidential Pen: Executive Orders on Climate Change, CPRBlog, November 10, 2008, http://www.progressivereform.org/CPRBlog.cfm?idBlog=842D6EB8-1E0B-E803-CAF662E1986B34B4  –recommended two executive orders for improving climate change regulation: having agencies reduce their carbon footprint, and including climate change in their decision-making explorations
  • Rena Steinzor, Big Trouble on Climate Change: President Obama and the Loss of Momentum, CPRBlog, June 12, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=D4C0A1EC-15C5-EA6D-34A26A2B827155A3  –discussed a piece in the New York Times Magazine by Matt Bai on the dangers of relying on Obama’s popularity to further bills, how climate change will probably not be addressed until after health care reform, and how democrats need to come out stronger, with more specific plans and arguments for climate change if the new reform is to ever occur
  • Rena Steinzor, Cass Sunstein Hits the Senate and Climate Change Hits the Media Fan, CPRBlog, May 13, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=38155B38-1E0B-E803-CA91A6BBC1F011CD  –discussed Sunstein’s nomination and viewpoint, and the leak of a document that showed EPA proposing to name greenhouse gases as “pollutants” under CAA 

Offset programs

Preemption

  • Victor Flatt, The History of State Action in the Environmental Realm: A Presumption Against Preemption in Climate Change Law?, 1 San Diego J. Climate & Energy L. (2009)
  • Robert Glicksman, Balancing Mandate and Discretion in the Institutional Design of Federal Climate Change Policy, 102 Nw. U. L. Rev. Colloquy 196 (2008) – discussed how much power Congress should give to agencies in deciding and enforcing climate change regulations, how climate change should be addressed by the government, and if state and local laws should be preempted by federal climate change policies
  • Robert Glicksman, A Collective Action Perspective on Ceiling Preemption by Federal Environmental Regulation: The Case of Global Climate Change, 102 Nw. U. L. Rev. 579 (2008) (with Richard E. Levy) –discussed the disparity between state environmental regulatory laws and ceiling preemption by federal laws, using the example of GHG emissions and its purported preemption by CWA
  • Alexandra Klass, State Innovation and Preemption: Lessons from State Climate Change Efforts, 42 Loy. L.A. L. Rev. 1653 (2008) – discussed the Supreme Court’s “presumption against preemption” in areas of “traditional state concern,” and supported state climate change legislation that fulfills Congressional mandates as part of this ruling

Regulation

  • David Adelman, The Challenge of Abrupt Climate Change for US Environmental Regulation, 58 Emory L.J., 379 (2008) –suggested that abrupt climate changes will motivate people to reassess how environmental technology is utilized and developed; urged government away from cost-benefit analysis to progressive decision-making methods
  • Alejandro Camacho, Climate Change and Regulatory Fragmentation in the Great Lakes Basin, 17 Mich. St. J. Int’l. L. 139 (2008) –discussed how regulatory fragmentation allowed for gaps in effective regulation, particularly in the basin, and how this model is particularly dangerous in light of climate change, where a more adaptable system of regulation will be required
  • Holly Doremus, CO2 and the Clean Air Act, CPRBlog, February 19, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=8B07A0F3-1E0B-E803-CA4F8F964CEDF294 –described the Obama administration’s push to regulate CO2 as an air pollutant, as decided in Massachusetts v. EPA, and the mechanisms of CAA by which this regulation can be implemented
  • David Driesen, The Missing Instrument: Dirty Input Limits, 33 Harv. Envtl. L. Rev. 65 (2009) (with Amy Sinden) –discussed how the use of DIL’s in US policy would aid in pollution reduction, after analyzing DIL’s in other global regulation systems
  • Victor Flatt, “Reforming the Clean Air Act,” CPR for the Environment: Breathing New Life in the Nation’s Major Environmental Statutes, A Legislative Sourcebook of Progressive Ideas for Members of Congress and Staff (Alyson Flournoy and Matthew Shudtz, Eds.), White Paper #701, Washington, D.C.: Center for Progressive Reform, 2007 –assessed CAA and suggested improvements, including ending grandfathering, adding incentives for EPA to adhere to time tables for more stringent federal air pollution regulation, and the vastly important regulating of greenhouse gas emissions
 

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