Bluemel, Erik B. --- "Regional Regulatory Initiatives Addressing GHG Leakage in the USA" [2008] ELECD 421; in Faure, Michael; Peeters, Marjan (eds), "Climate Change and European Emissions Trading" (Edward Elgar Publishing, 2008)

Book Title: Climate Change and European Emissions Trading

Editor(s): Faure, Michael; Peeters, Marjan

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847208989

Section: Chapter 9

Section Title: Regional Regulatory Initiatives Addressing GHG Leakage in the USA

Author(s): Bluemel, Erik B.

Number of pages: 32

Extract:

9. Regional regulatory initiatives
addressing GHG leakage in the USA
Erik B. Bluemel*

1. INTRODUCTION
While many may view the United States of America's refusal to participate in
the Kyoto Protocol as a strategic effort to undermine mandatory greenhouse
gas (GHG) reduction targets ­ a view not without some merit, regional efforts
to combat climate change within the United States can provide valuable
information about the design of effective regional GHG emissions trading
schemes outside the United States. Indeed, despite the United States' reluc-
tance to join the Kyoto Protocol and accept mandatory national GHG emis-
sions limits, a variety of states and localities have taken it upon themselves to
impose mandatory GHG caps in their jurisdictions. These regional regimes
are sprouting up with the explicit goal of inducing action by the national
government,1 and they appear to have some effectiveness in promoting indus-
try support for a national program. Congress is now seriously considering
legislation to develop a nationwide GHG cap-and-trade system similar in
nature to the Kyoto Protocol and the regional regimes developed by the vari-
ous states and localities.2


* Assistant Professor of Law, University of Denver Sturm College of Law;
Member, 2005­present, Commission on Environmental Law, IUCN-World
Conservation Union. This Chapter reflects the views of the author only and does not
necessarily reflect the views of any of the author's institutional affiliates, their compos-
ite organs, or their staffs. The author can be reached at [e-mail].
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