Center for Progressive Reform

CPR Climate Change Bibliography


  • David Adelman, Reorienting State Climate Change Policies to Induce Technological Change, 50 Ariz. L. Rev. 835 (2008) (with Kirsten H. Engel) –asserted that states can be instrumental in creating the technological advancements in controlling greenhouse gases; proposes a two-tiered strategy: primary federal responsibility for reducing greenhouse gas emissions, while state policies focus on promoting technological developments and change
  • David Driesen, “Toward Sustainable Technology,” in Economic Thought and U.S. Climate Change Policy (David Driesen, ed., MIT Press, 2009) –discussed the need for sustainable technology and how short-term economic benefits may not allow for the development of long-term technology, as well as proposing alternatives to regulations like the Kyoto Protocol
  •  David Driesen, “Sustainable Development and Air Quality: The Need to Replace Basic Technologies with Cleaner Alternatives,” in Agenda for a Sustainable America (John Dernbach ed., Earth Island Press, 2009) –analyzed the US’s attempt to regulate air quality to keep up with the standards of Agenda 21 and the Rio Declaration over the past five years, and determined that, while the US has improved air quality, it has not yet met the standards of the Rio Declaration and proposed ways in which the US could come closer to meeting the standards
  • David Driesen, “Renewable Energy under the Kyoto Protocol: The Case for Mixing Instruments,” in A Globally Integrated Climate Policy for Canada (Steven Bernstien et al. eds., University of Toronto Press, 2008) –proposed that a mixture of initiatives for both short-term economic benefits and long-term technological developments will be necessary for renewable energy source development
  • Kirsten Engel, Reorienting State Climate Change Policies to Induce Technological Change, 50 Ariz. L. Rev. 835 (2008) (with David E. Adelman) –asserted that states can be instrumental in creating the technological advancements in controlling greenhouse gases; proposes a two-tiered strategy: primary federal responsibility for reducing greenhouse gas emissions, while state policies focus on promoting technological developments and change


  • Frank Ackerman: April 22, 2009 before the House Committee on Energy and Commerce hearing on Waxman-Markey on “The Costs of Inaction”

Water law

  • Robert Adler, “Rethinking Water Law in a Changing Climate,” in Global Warming: A Reader (William Rodgers, ed., Carolina Academic Press, 2009).
  • Robert Adler, Climate Change and the Hegemony of State Water Law, Stan. Envtl. L.J. (in progress, 2010).
  • Robert Adler, Resilience, Restoration and Sustainability: Revisiting Some (but not all) of the Fundamental Principles of the Clean Water Act, Wash. U. J.L. & Pol’y (in progress, 2009)

Waxman-Markey bill

  • Frank Ackerman, A Day at the Waxman-Markey Hearings, CPRBlog, April 23, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=47C43313-BB9F-7619-44CBFCF39A04D04E –described his appearance before the Energy and Commerce Committee on the costs of climate change in regards to the Waxman-Markey bill
  • William Buzbee, Waxman-Markey: Federalism Battles, CPRBlog, April 10, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=903A8A9A-1E0B-E803-CA7D01AC90F07AC0 –discussed the issue of preservation of state regulation in the wake of Waxman-Markey, finding that areas of the bill take different approaches to the idea of preemption versus preservation, and despite the lack of preemption language, stakeholders will likely try to use preemption to prevent regulation
  • William Buzbee, “Climate bill good first step in long and arduous trip,” in Houston Chronicle, April 24, 2009 (with Victor B. Flatt) –op-ed describing the climate change bill discussion draft and its shortcomings, including lax standards for GHG emissions in the cap and trade system, the benefit of offsets and their potential environmental harm, continued state regulation and the need for clear language in their jurisdiction and environmental justice issues
  • David Driesen, In Debate on Waxman-Markey, a Question on Avoiding Liability for Violating the Law, CPRBlog, April 29, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=F22F4E9C-1E0B-E803-CA3C4278FF0F294C –discussed the protection of citizen standing in section 336 of the bill, how some Democrats are attempting to take out this portion of the bill, and why losing this right would be detrimental to citizens
  • Kirsten Engel, Waxman-Markey: State and Regional Cap-and-Trade Regimes, CPRBlog, April 2, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=66EC7B29-1E0B-E803-CA27EB5202A56A4B –discussed the preemption issues arising from Waxman-Markey, which will establish a five year federal ban on state level cap-and-trade programs and will ensure that businesses already involved in state programs will receive a federal allowance
  • Daniel Farber, What Does the CBO Report on Waxman-Markey Actually Tell Us? (Not Much). CPRBlog, June 16, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=E95D4473-15C5-EA6D-34DA039DB97FB15A –discussed the misleading budget numbers described in the CBO report and why the actual government spending would be far under what the report suggests
  • Daniel Farber, The Misleading Economic Criticism of Waxman-Markey, CPRBlog, June 9, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=C5450C09-15C5-EA6D-3422732B380238C4 –discussed the defense that climate change is too expensive to regulate and why this assumption is false, considering that almost all economic estimates for regulation have been too high before the regulation is enacted, and the potential benefits to humans and wildlife would much outweigh the costs
  • Daniel Farber, Climate Change Legislation: Is the Train (Finally) Leaving the Station?, CPRBlog, April 21, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=C74326AF-1E0B-E803-CA900616F5984C9F –discussed hearings for the Waxman-Markey bill and the people asked to testify, including a broader range of representatives than assembled for other environmental protection acts
  • Bradley C. Karkkainen, The Peterson Compromises and the Question of, CPRBlog, June 26, 2009, http://www.progressivereform.org/CPRBlog.cfm?fkScholar=30 –discussed the addition of provisions to Waxman-Markey that weakened the efforts of the bill by creating exemptions in the offset program for agriculture and forestry, and the difficulty of defining “additionality” under the new rules
  • Alice Kaswan, The Waxman-Markey Bill’s Federal-State Partnership, CPRBlog, June 17, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=EE7806DF-15C5-EA6D-34FB404A33620B92 –discussed states’ ability to enact more stringent greenhouse gas emissions regulations under Section 334 of the bill and why such a structure is desirable for the country
  • Alice Kaswan, Waxman-Markey: Environmental Justice, CPRBlog, April 2, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=6775B831-1E0B-E803-CA612C7FE7518148 –discussed the cap-and-trade system of the bill and described how better greenhouse gas emission reduction would be achieved through direct regulation
  • Alice Kaswan, Waxman-Markey: Renewables, Transportation, and EPA and State Regulation, CPRBlog, April 2, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=6780FE11-1E0B-E803-CA9874FBA689F902 –discussed the elements contained in the original bill and how regulation would be balanced between state and federal levels
  • Nina Mendelson, An Attack on Waxman-Markey That’s a False Alarm, CPRBlog, April 16, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=AF31B9BC-1E0B-E803-CA519F890CBF72F7 –refuted the notion in the Washington Times that the bill created a new realm of citizen standing in the court system, pointing out the other environmental statutes that allow citizen enforcement and the benefits provided by this ability
  • Nina Mendelson, Waxman-Markey: Citizen Enforcement Suits, CPRBlog, April 2, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=64B248D0-1E0B-E803-CA880EBEFB8ADC32 –discussed the protective measures in the bill that give citizens the ability to sue businesses with environmental violations, despite the recent court decisions that made citizen suits more difficult to prove

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