Traditional Regulation's Role in Greenhouse Gas Abatement

The Encylopedia of Environmental Law (Daniel Farber and Marjen Peeters eds. Edward Elgar Press 2016) (Forthcoming)

17 Pages Posted: 4 Aug 2015

See all articles by David M. Driesen

David M. Driesen

Syracuse University College of Law

Date Written: July 22, 2015

Abstract

This book chapter addresses the use of traditional regulation to ameliorate climate disruption, revealing that traditional regulation has played a significant role. It defines traditional regulation as encompassing performance standards, work practice standards, and phase-outs of dangerous substances. It then shows that traditional regulation has encouraged greater energy efficiency, promoted renewable energy, addressed ancillary risks associated with climate-friendly technological change, and applied to non-carbon greenhouse gases. Finally, it explains that in spite of its cost ineffectiveness, factors such as monitoring difficulties, institutional capacity problems, the need for innovation, and demand to address risk/risk problems help explain the persistence of traditional regulation in an era enamored of “market-based mechanisms,” such as emissions trading.

Keywords: emissions trading, command-and-control regulation, prescriptive regulation, performance standards, engineering stanards, technology-based regulation

JEL Classification: K32

Suggested Citation

Driesen, David M., Traditional Regulation's Role in Greenhouse Gas Abatement (July 22, 2015). The Encylopedia of Environmental Law (Daniel Farber and Marjen Peeters eds. Edward Elgar Press 2016) (Forthcoming), Available at SSRN: https://ssrn.com/abstract=2634629

David M. Driesen (Contact Author)

Syracuse University College of Law ( email )

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HOME PAGE: http://www.law.syr.edu/faculty/facultymember.asp?fac=12

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