Constitutional Implications of Regional CO2 Cap-and-Trade Programs: The Northeast Regional Greenhouse Gas Initiative as a Case in Point
Document Type
Article
Publication Title
UCLA Journal of Environmental Law & Policy
Journal Abbreviation
UCLA J. Envtl. L. and Pol'y
Abstract
This article assesses the constitutionality of the northeastern Regional Greenhouse Gas Initiative (RGGI), a multi-state CO2 cap-and-trade program on electricity generators, that went into effect in 2009. The article considers possible federal preemption, dormant commerce clause, and compact clause arguments, but concludes that as presently constructed the RGGI passes constitutional hurdles. The article notes that how to deal with “leakage,” the possibility that electricity generation from other states not subject to any cap-and-trade restrictions will enter the RGGI market, negating CO2 reductions from within-RGGI generators, poses the greatest problem.
First Page
353
Last Page
369
Publication Date
2009
Recommended Citation
William Funk,
Constitutional Implications of Regional CO2 Cap-and-Trade Programs: The Northeast Regional Greenhouse Gas Initiative as a Case in Point,
27
UCLA J. Envtl. L. and Pol'y
353
(2009).
Available at:
https://lawcommons.lclark.edu/faculty_articles/225