Center for Progressive Reform

CPR Climate Change Bibliography

Carbon Capture and Sequestration

Victor Flatt, Paving the Legal Path for Carbon Sequestration from Coal, 19 Duke Envtl. L. & Pol’y F. 211 (2009) –discussed the theory behind and need for carbon sequestration, and focused on the legal issues faced by such a program, displaying the need for comprehensive federal legislation to prevent issues in areas including liability, property rights, permitting, and ownership
Alexandra Klass, Climate Change and Carbon Sequestration: Assessing a Liability Regime for Long-term Storage of Carbon Dioxide, 58 Emory L.J. 103 (2008) (with Elizabeth J. Wilson) – addressed carbon sequestration in light of current environmental and tort laws, finding that the laws are not sufficient in regulating CCS, but they can serve as a model of litigation to come and that they would protect citizens from harm at this point
Alexandra Klass, Carbon Capture and Sequestration: An Assessment of the Facts (Below) the Ground Today, CPRBlog, Aug. 6, 2009, http://www.progressivereform.org/CPRBlog.cfm?fkScholar=31 –discussed the process, current projects, funding and regulations required, benefits and risks of CCS programs
Alexandra Klass, Climate Change, Carbon Sequestration, and Property Rights, 2010 U. Ill. L. Rev. (2010) –discussed the legal issues facing carbon sequestration, mainly takings and property rights issues, and how these issues could be addressed with a proposed framework under the Natural Gas Act

Coal-fired plants

Robert Glicksman, Coal-Fired Power Plants, Greenhouse Gases, and State Statutory Substantial Endangerment Provisions: Climate Change Comes to Kansas, 56 U. Kan. L. Rev. 517 (2008) –assessed the legality of the Kansas Department of Health and Environment’s refusal to grant permits for two coal-fired plants, finding that endangerment statutes allow for this permit refusal and may provide a way for others to block such activity in the future
Catherine O’Neill, Reducing Mercury Emissions from Coal-Fired Power Plants: Yes We Can (And Could Have, Years Ago), CPRBlog, October 26, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=91B652F9-E88B-F379-A7E7F730CAC7C5BE –discussed Michigan’s recent regulation of emissions, the Bush administration’s push against regulation, and the success and innovation of twenty three states’ actions to regulate coal-fired power plants despite the Bush administration

Copenhagen conferences

Daniel Farber, Copenhagen in a Nutshell, CPRBlog, December 23, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=BD0FE2C6-D571-57A2-EE720D431F52D975 –described the modest, yet hopeful, achievements of the Copenhagen conferences
Victor Flatt, G77 Countries May Ethically Deserve More in Copenhagen, But Chance for This Much Foreign Assistance Unlikely to Come Again Soon, CPRBlog, December 17, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=9D4C4528-EAE6-EA0E-355F3038E802387C –discussed the G77’s actions against progress at the conferences, describing both the need for better funding for the countries, as well as the funding offers that may be rejected by G77
Victor Flatt, Inexorable March to Carbon Markets at Copenhagen, CPRBlog, December 16, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=983E0AD7-EB37-7850-1AD6BCA6E456292F –described the push toward carbon trading and offsets throughout the world, with more developed countries accepting the practice and more developing countries benefiting from it, as well as the possibility of a direct trading market between the US and EU
Victor Flatt, Copenhagen: What Progress on Offsets and Adaptation? CPRBlog, December 7, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=6AB35A5B-9472-2F02-2A0B85A01D5B1568 –discussed those two aspects of climate change actions that will be discussed at the United Nations Framework Convention on Climate Change, hoping for the programs to be verifiable, truly emissions-reducing, and adaptable and useful in developing nations
David Hunter, Cap, But No Trade for Bella Center Passes; Meanwhile, Conference’s Legacy of Transparency in Danger, CPRBlog, December 16, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=9943F969-DE3B-FD4E-972C542131D2BB19 –described the long waits and “capped” system of admittance into the conference for non-governmental groups, and the stalled debates over the framing of commitments of the AWG-LCA and progress in REDD occurring inside the conference
David Hunter, In Copenhagen, Progress on Financial Pledges Limited; Draft Document Punts Details to COP-16, CPRBlog, December 15, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=92F2B773-15C5-EA6D-349FD9FCCAF180AA –discussed the funding commitments among the participants, the proposed Green Fund supplied by auctioning of emission allowances, and other funding alternatives presented at the conferences
David Hunter, (Re)Defining Success at Copenhagen: Here’s What I’ll Be Looking For, CPRBlog, December 11, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=7F5E31E9-BB5B-5C7F-AA13890F24A54E78 –discussed what the author thought of as the most important topics of the conferences, including voluntary pledges, the economic outlook of future climate change action, the effect of climate change action on sustainable development, and REDD


Frank Ackerman, EPA and NHTSA Lowball Estimates of Carbon Costs in Proposed Tailpipe Emissions Standard, CPRBlog, December 4, 2009, http://www.progressivereform.org/CPRBlog.cfm?idBlog=5A24178F-D2D0-D3D8-E101B3E5C8155F5B –discussed the underestimating of costs of carbon pollution, highlighting the importance of the chosen discounting rate and the inclusion of large-scale climate change risks into the economic analysis
Daniel Farber, Apportioning Climate Change Costs, 26 UCLA J. Envtl. L. & Pol'y 21 (2008) –argued that GHG emitters should pay for climate change costs, discussed how the costs should be divided among emitters and posed basic questions about the details of a cost-apportionment scheme in the long-term
Daniel Farber, The Case for Climate Compensation: Justice Climate Change Victims in a Complex World, 2008 Utah L. Rev. 377 (2008) –discussed whether the US should provide compensation for its role in GHG emissions, and if whether, morally, the US should impose limits on future emissions, ultimately arguing that the US should do both
Daniel Farber, Basic Compensation for Victims of Climate Change, 155 U. Pa. L. Rev.1605 (2007) (reprinted 2008-2009 Land Use & Envtl. L. Rev. 415; reprinted in revised form with responses from other scholars, 38 Env. L. Rep.10521 (2008)) –discussed an international or US system to transfer funds from GHG emitters to climate change victims, as well as how to avoid the difficulties inherent to such a system
Daniel Farber, Adapting to Climate Change: Who Should Pay? 23 J. Land Use & Envtl. L. 1 (2007) -discussed the high costs of climate change regulation and proposed four possible methods, ultimately favoring a system where emitters pay most of the costs

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