Law Environmental / Energy Law

Combating Climate Change with Section 115 of the Clean Air Act: Law and Policy Rationales

By Michael Burger
Edward Elgar Publishing September 2020

Specifications

ISBN-13
9781786434609
Publisher
Edward Elgar Publishing
Publication
September 2020
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Editor Michael Burger brings together a comprehensive assessment of how one statutory provision – Section 115 of the Clean Air Act, “International Air Pollution” – provides the executive branch of the U.S. government with the authority, procedures, and mechanisms to work with the states and private sector to take national climate action.

This collaborative effort reflects the most current thinking on Section 115 and how it relates to the Paris Agreement , the U.S. Supreme Court, and U.S. politics. The contributors dive deep into the key implementation issues EPA, the states and industry would need to address.

Federal policymakers in a new presidential administration could use this book as a foundation for developing a national policy regulating greenhouse gas emissions. The book also provides detailed law and policy analyses for environmental lawyers and policy professionals, key to understanding the practice of climate law and policy in the U.S.

Table of Contents

Foreword
Hon. Henry Waxman
1. Introduction
Michael Burger
PART I. CONTENT
2. The legislative history of Section 115
Philip S. Barnett
3.
Section 115 in practice
Justin Gundlach
4. The environmental case for action under Section 115
Michael B. Gerrard
5. The economic case for action under Section 115
Jason Schwartz and Jayni Hein
PART II. DEFINITIONS
6. Judicial review in the new age of deference
Jonathan Z. Cannon
7. The Substantive elements of Section 115
Michael Burger and Daniel P. Selmi
8. Procedural reciprocity
Keith J. Benes
9. Substantive reciprocity
Ann E. Carlson
10. EPA’s nondiscretionary duties to act under Section 115
Cale Jaffe and Michael A. Livermore
PART III. IMPLEMENTATION
11. The Section 115 SIP call
Phil Barnett and Alexandra E. Teitz
12. Implementing Section 115 through the SIP revision process
Jared Snyder and Jessica Wentz
13. Transportation fuels and consumer natural gas
Jayni Foley Hein
14. Offsets
Jason Schwartz
15.
Addressing carbon leakage in a Section 115 world
Greg Dotson
Index
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