This timely volume challenges the notion that because climate change is inherently a global problem, only coordinated actions on a global scale can lead to a solution. It considers the perspective that since climate change itself has both global and local causes and implications, the most effective policies for adapting to and mitigating climate change must involve governments and communities at many different levels. Federalism—the system of government in which power is divided among a national government and state and regional governments—is well-suited to address the challenges of climate change because it permits distinctive policy responses at a variety of scales. The chapters in this book explore questions such as what are appropriate relationships between states, tribes, and the federal government as each actively pursues climate-change policies? How much leeway should states have in designing and implementing climate-change policies, and how extensively should the federal government exercise its preemption powers to constrain state activity? What climate-change strategies are states best suited to pursue, and what role, if any, will regional state-based collaborations and associations play? This book examines these questions from a variety of perspectives, blending legal and policy analyses to provide thought-provoking coverage of how governments in a federal system cooperate, coordinate, and accommodate one another to address this global problem. Navigating Climate Change Policy is an essential resource for policymakers and judges at all levels of government who deal with questions of climate governance. It will also serve as an important addition to the curriculum on climate change and environmental policy in graduate and undergraduate courses and will be of interest to anyone concerned with how the government addresses environmental issues.

A great deal of attention has been devoted to federalism issues relating to climate change mitigation. In contrast, the federalism dimension of adaptation has only begun to receive attention. Regardless of mitigation efforts, however, it is clear that society will experience substantial climate impacts and that major adaptation efforts will be required. What roles should the states and the federal government play in adaptation? This exploratory paper considers the policy issues involved in determining how to divide funding and control of adaptation projects between states and national governments, as well as some limitations that may flow from the U.S. Constitution.

Climate change is one of the most serious global challenges facing humankind. Climate change has enormous environmental and economic implications, and finding a solution is a daunting task. The purpose of this book is to look at the global problem of climate change through the prism of an individual country's attempt to tackle this problem. This book begins with a discussion of the origins of climate change and the evolution of the international response to climate change. Key climate change mitigation actions and policies are considered to provide the necessary framework for analysing Australia's approach to climate change. Australia's climate change policy development is considered from a historical perspective. The book traces the evolution of the response to climate change, focusing on Australia as one of the Federal countries unable to adequately reduce greenhouse gas emissions due to the systematic failure of the Australian government to develop a common and effective approach to the problem of climate change. The book will be of interest to scholars and students of environmental law and the contemporary International and Australian climate change law.

Public deliberation over climate change has traditionally been dominated by the natural and physical sciences. Is the planet warming? To what degree, and is mankind responsible? How big a problem is this, really? But concurrent with these debates is the question of what should be done. Indeed, what can be done? Issues of governance, including the political feasibility of certain policies and their capacity for implementation, have received short shrift in the conversation. But they absolutely must be addressed as we respond to this unprecedented challenge. Greenhouse Governance brings a much-needed public policy mindset to discussion of climate change in America. Greenhouse Governance features a number of America's preeminent public policy scholars, examining some aspect of governance and climate change. They analyze the state and influence of American public opinion on climate change as well as federalism and intergovernmental relations, which prove especially important since state and local governments have taken a more active role than originally expected. Specific policy issues examined include renewable electricity standards, mandating greater vehicle fuel economy, the "adaptation vs. mitigation" debate, emissions trading, and carbon taxes. The contributors do consider the scientific and economic questions of climate policy but place special emphasis on political and managerial issues. They analyze the role of key American government institutions including the courts, Congress, and regulatory agencies. The final two chapters put the discussion into an international context, looking at climate governance challenges in North America, relations with the European Union, and possible models for international governance. Contributors include Christopher Borick, Muhlenberg College; Martha Derthick, University of Virginia; Kirsten Engel, University of Arizona; Marc Landy, Boston College; Pietro Nivola, Brookings Institution; P

Climate change regulation has proven a fertile ground for debates on federalism. To date, however, these debates have concentrated on climate change mitigation and the “proper” roles of the states and the federal government in regulating to reduce greenhouse gas emissions. This Article posits that climate change adaptation also has federalism implications for environmental regulation and natural resources management. In particular, the federal and state governments have always asserted overlapping - and sometimes conflicting - interests in water, and, as a result, water regulation and management have always been subject to an uneasy federalism balancing. For example, water allocation and water rights are generally considered issues of state law - but if the water crosses state lines, or state regulation affects navigation, the federal government asserts a superior and preemptive role. In between these endpoints, the federal Clean Water Act adopted an intricately structured cooperative federalism that imposes certain minimum federal requirements for water quality but allows states to choose water quality goals, while aquatic species protection remains a largely unstructured mishmash of overlapping state and federal interests and authorities. In light of existing shortages of water and the imminent need to adapt to climate change impacts on water resources, reconsidering the proper federalism balance in water resources management is inevitable, as several congressional bills attest. Specifically, the traditional assumption of state superiority over matters of water allocation has come into question in light of the intimate connections between water availability and national energy policy, national food security, and interstate conflicts. This Article explores the potential for climate change and the increasing need to adapt to its impacts on water to alter traditional notions of water federalism, concluding that an increased federal role in water management is likely but could take many forms, some more attune to the multiple interests in water than others.

No environmental issue triggers such feelings of hopelessness as global climate change. Many areas of the world, including regions of the United States, have experienced a wide range of unusually dramatic weather events recently. Much climate change analysis forecasts horrors of biblical proportions, such as massive floods, habitat loss, species loss, and epidemics related to warmer weather. Such accounts of impending disaster have helped trigger extreme reactions, wherein some observers simply dismiss global climate change as, at the very worst, a minor inconvenience requiring modest adaptation. It is perhaps no surprise, therefore, that an American federal government known for institutional gridlock has accomplished virtually nothing in this area in the last decade. Policy inertia is not the story of this book, however. Statehouse and Greenhouse examines the surprising evolution of state-level government policies on global climate change. Environmental policy analyst Barry Rabe details a diverse set of innovative cases, offering detailed analysis of state-level policies designed to combat global warming. The book explains why state innovation in global climate change has been relatively vigorous and why it has drawn so little attention thus far. Rabe draws larger potential lessons from this recent flurry of American experience. Statehouse and Greenhouse helps to move debate over global climate change from bombast to the realm of what is politically and technically feasible.

How should we strike a balance between the benefits of centralized and local governance, and how important is context to selecting the right policy tools? This uniquely broad overview of the field illuminates our understanding of environmental federalism and informs our policy-making future. Professor Kalyani Robbins has brought together an impressive team of leading environmental federalism scholars to provide a collection of chapters, each focused on a different regime. This review of many varied approaches, including substantial theoretical material, culminates in a comparative analysis of environmental federalism and consideration of what each system might learn from the others. The Law and Policy of Environmental Federalism includes clear descriptive portions that make it a valuable teaching resource, as well as original theory and a depth of policy analysis that will benefit scholars of federalism or environmental and natural resources law. The value of its analysis for real-world decision-making will make it a compelling read for practitioners in environmental law or fields concerned with federalism issues, including those in government or NGOs, as well as lobbyists.