Climate Policy at the Federal Level, and the Courts

Abstract

What is unusual about climate change policymaking in the United States is that the pathway being followed is neither that flowing from the U.S.'s entry into a multilateral agreement nor the strictures of domestic legislation but instead one that is arguably the least reflective of the most critical aspects of climate change as a global environmental tragedy of the commons. Federal climate change policy is currently being established through executive branch rulemakings under the 1970 environmental statute, the Clean Air Act, as a result of court mandates rendered in multiple lawsuits filed by states and environmental organizations. This chapter explores how and why climate change policymaking has followed this particular path, with special attention to the role of the courts in the process.

Keywords: climate change, courts, policy, Congress, environmental law

JEL Classification: K2, K4