Climate change law and policy : EU and US approaches / Cinnamon Piñon Carlarne.
2010
K3585.5 .C37 2010 (Map It)
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Details
Author
Title
Climate change law and policy : EU and US approaches / Cinnamon Piñon Carlarne.
Published
Oxford ; New York : Oxford University Press, [2010]
Copyright
©2010
Call Number
K3585.5 .C37 2010
ISBN
9780199553419 (acid-free paper)
0199553416 (acid-free paper)
0199553416 (acid-free paper)
Description
xix, 384 pages ; 24 cm
System Control No.
(OCoLC)642204799
Summary
"Existing climate change governance regimes in the US and the EU contain complex mixtures of regulatory, market, voluntary, and research-based strategies. The EU has adopted an approach to climate change that is based on mandatory greenhouse gas emission reductions; it is grounded in 'hard' law measures and accompanied by 'soft' law measures at the regional and Member State level. In contrast, until recently, the US federal government has carefully avoided mandatory emission reduction obligations and focused instead on employing a variety of 'soft' measures to encourage - rather than mandate - greenhouse gas emission reductions in an economically sound, market-driven manner. These macro level differences are critical yet they mask equally important transatlantic policy convergences. The US and the EU are pivotal players in the development of the international climate change regime. How these two entities structure climate change laws and policies profoundly influences the shape and success of climate change laws and policies at multiple levels of governance. This book suggests that the overall structures and processes of climate change law and policy-making in the US and the EU are intricately linked to international policy-making and, thus, the long-term success of global efforts to address climate change. Accordingly, the book analyses the content and process of climate change law and policy-making in the US and the EU to reveal policy convergences and divergences, and to examine how these convergences and divergences impact the ability of the global community to structure a sustainable, effective and equitable long-term climate strategy"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
List of abbreviations
xvii
Part I: The Politics Of International Climate Change
1.
A Brief History of Climate Politics and the Roles of the US and EU Therein
3
Concise History of the International Climate Regime
4
The Role of the US and the EU in International Climate Change Politics
11
Part II: Climate Change Law And Policy In The United States
2.
Law and Policy in the United States
21
American Federalism: Federal Governance
21
The Federal Government and the States
23
Environmental Law and Policy in the USA
25
The Environmental Decade
26
Shifting Tides
29
Federal[—]State Relations in US Environmental Law
31
US Federal Climate Change Policy
34
President Bush's National Climate Change Strategy: An Overview
37
Recent Political Activity: Congressional Engagement and President Barack Obama
49
Conclusion
58
3.
Sub-Federal Laws and Policies in the United States
61
Introduction
61
Overview of State Climate Change Initiatives
63
Regional Climate Change Initiatives
64
California[—]Climate Policy Driver
77
State Climate Change Laws and Policies: A Review
88
Local Climate Change Laws and Policies
89
State and Local Climate Change Policies in Review
95
4.
Litigation, Regulation, and International Law as Law and Policy Drivers in the United States
98
Climate Change Litigation in the United States
98
Private Suit Against the Federal Government: Friends of the Earth, Inc et al v Spinelli et al
99
State Suit against Private Industry: State of Connecticut et al v American Electric Power Co et al
101
Climate Change Litigation Reaches the Supreme Court: Massachusetts et al v EPA
104
Fuel Economy Regulatory Challenge: Centerfor Biological Diversity v National Highway Traffic Safety Administration
110
Other On-going Climate Change Litigation
112
Regulatory Actions for Climate Change
114
The Endangered Species Act
114
The Clean Water Act
119
The Clean Air Act
122
Reverse Momentum
123
International Mechanisms for Domestic Climate Change Action
125
The Inter-American Commission for Human Rights
125
The World Heritage Convention
129
Complementary International Activity
133
Overview of Sub-Federal Climate Change Initiatives
137
Conclusion
140
Part III: Climate Change Law And Policy In The European Union
5.
Law and Policy in the European Union
143
Introduction to the European Union
143
European Union Decision-Making Institutions
144
The Council
144
The Commission
145
The European Parliament
146
The Court of Justice of the European Union
146
Governance Overview
147
The Legislative Process
150
European Union Competences in Environmental Law
152
Community Programme of Action on the Environment 1973
152
Single European Act of 1986
154
Maastricht Treaty of 1992, Amsterdam Treaty of 1999, Nice Treaty of 2001
154
The Consolidated EU Treaty
155
The Treaty of Lisbon
156
European Environment Agency 1993
157
Climate Change Law and Policy in the European Union
158
EU-15
159
Beyond the EU-15
160
Allocation of Responsibilities within the European Union
160
European Union Climate Change Policy Framework
162
Progress and Challenges in European Union Climate Change Policy
182
Prioritizing Climate Change
186
Miles to Go: Revision and Recession
187
Basic Differences
188
Conclusion
189
6.
Member State Laws and Policies
192
Introduction
192
Germany
194
German Governance and Environmental Politics
194
Rule of Law in Germany
196
Foundations of German Environmental Law
197
Introduction to German Climate Change Law
198
Components of German Climate Strategy
203
Progress and Challenges
213
The United Kingdom
215
UK Climate Policy in Context
216
Evolution of the UK Climate Strategy
221
Progress and Challenges
224
Beyond the EU-15: The Case of Poland
225
Polish Climate Policy
227
Conclusion
232
Part IV: Us And Eu Climate Change Laws And Policies Compared
7.
US and EU Laws and Policies Compared
237
Introduction
237
EU and US Climate Change Policy Pathways Compared
239
Early Negotiations
239
Behind the Scenes
241
From Kyoto to Copenhagen: Transatlantic Divergences
244
Measures for Progress and Commitment to GHG Emission Reductions
245
Policy Mix
246
Source of Leadership
253
Policy[–]Evolution
257
Commitment to International Negotiations, Past and Present
259
Summary of Divergences
263
From Kyoto to Copenhagen: Transatlantic Convergences
264
Systemic Pushes and Pulls
264
Economic Centrality
276
Security: The New Driver
283
Shared Trouble Spot: Transport Sector
292
Other Macro-Level Convergences
301
Conclusion
308
8.
Socio-Legal Factors Influencing US and EU Law and Policymaking
309
Introduction
309
Giving Context to Transatlantic Policy Choices
310
Governance
311
Polity
317
Scientific Uncertainty and Risk
325
Media and Civil Society
330
Modes of Capitalism
334
Ethics
336
Conclusion
341
Part V: The Future Of International Climate Change Politics
9.
Conclusions and the Way Forward
347
The Road Travelled
347
The Escalation of Climate Change Politics in 2009
348
The 2009 Copenhagen Climate Change Conference
352
Reassessing the Roles of the European Union and the United States
359
The Path Ahead
361
Bibliography
363
Index
375