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Combating Climate Change with Section 115 of the Clean Air Act

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Combating Climate Change with Section 115 of the Clean Air Act

Law and Policy Rationales

9781786434609 Edward Elgar Publishing
Edited by Michael Burger, Executive Director, Sabin Center for Climate Change Law, Senior Research Scholar and Lecturer-in-Law, Columbia Law School, US
Publication Date: October 2020 ISBN: 978 1 78643 460 9 Extent: c 304 pp
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.

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Critical Acclaim
Contributors
Contents
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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.
Critical Acclaim
‘Combating Climate Change with Section 115 shows how a farsighted section of the Clean Air Act—the international air pollution provision—can provide the President with ample authority to achieve our global climate commitments, even in the absence of new legislation. Its carefully reasoned approach could be the basis for crafting an effective U.S. climate policy under existing law, and once again, make the United States a global leader in tackling the climate crisis.’ 
– John Podesta, Former White House Chief of Staff and Founder of the Center on American Progress, US

‘Produced by an all-star team of top environmental lawyers, Combating Climate Change offers a detailed action plan and legal foundation for taking on climate change using the existing—but untested—Clean Air Act regulatory authority to address international air pollution. Creative, comprehensive, and detailed, this book could well become the go-to guide for those who want to see the United States reassert a leadership role in response to the build-up of greenhouse gas emissions in the atmosphere.’
– Dan Esty, Yale University, US

‘This volume is the most important book on U.S. climate law available today. Within its pages, the reader will discover a comprehensive and compelling analysis of how Section 115 of the Clean Air Act already empowers the Environmental Protection Agency to work with states to create a sensible national climate action plan in coordination with other countries. No president can justify failing to follow this book’s recommendations.’
– Douglas A. Kysar, Yale University, US

‘We owe a great debt to the renowned group of environmental lawyers who have brought us this careful and compelling account of how to use the Clean Air Act to confront the most important environmental issue of all time.’
– Lisa Heinzerling, Georgetown University, US

‘This book is about a little-known provision of the U.S. air pollution law. That provision may well be the last best hope for a future President to take action against climate change. This book provides a roadmap for that President to use.’
– Daniel Farber, University of California, Berkeley, US

Contributors
Contributors include: P.S. Barnett, K.J. Benes, M. Burger, J.Z. Cannon, A.E. Carlson, G. Dotson, J. Foley Hein, M.B. Gerrard, J. Gundlach, C. Jaffe, M.A. Livermore, J. Schwartz, D. Selmi, J. Snyder, A. Teitz, J. Wentz


Contents
Contents:

Foreword (Rep. Henry A. Waxman, Chair, Waxman Strategies)

1. An Introduction to Section 115 of the Clean Air Act
Michael Burger

Part I: Context
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 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 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

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 78643 461 6
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