Through the Looking Glass: Greenhouse Gas Regulation in the EU and the US - Blood Brothers Separated at Birth Both Facing the Heat

Barrett, Eva
August 2013
Journal of Energy & Natural Resources Law;Aug2013, Vol. 31 Issue 3, p287
Academic Journal
Greenhouse gas (GHG) regulation was born on the international plane. In the European Union (EU), it developed through legislative action, which targeted states with emission reduction goals and industries with a mandatory GHG trading scheme. In the United States, it is developing through grassroots initiatives, individual state action and lawsuits to form regional GHG trading schemes, state emission reduction pledges and a growing number of federal rules. Despite being poles apart, through a chain of events (initiated by legislative action in the EU)1 the future development of both domestic systems has again become linked, a topic that will be approached in this article as follows: the first part will consider the international origins of GHG regulation and contrast its initial establishment in the EU and the US; the second part will consider the Air Transport Association of America aviation lawsuit, its subseguent evolution into an interstate dispute and the possible conseguences for future GHG regulation in the EU and the US.


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