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Publius: The Journal of Federalism Advance Access originally published online on April 20, 2009
Publius: The Journal of Federalism 2009 39(3):432-454; doi:10.1093/publius/pjp008
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© The Author 2009. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org.

This article appears in the following Publius: The Journal of Federalism issue: The State of American Federalism 2008–2009 [View the issue table of contents]

Whither Subnational Climate Change Initiatives in the Wake of Federal Climate Legislation?

Kirsten H. Engel*
*University of Arizona; engel{at}law.arizona.edu

The imminent prospect of federal climate change legislation raises two questions: will state and local governments continue to press forward with climate change initiatives in the wake of congressional action and, if so, what is the likelihood these initiatives will survive the threat of federal preemption? The article concludes that state and local action on climate change is motivated only in part by the federal government's failure to adopt a national climate regulatory program and hence is likely to continue and perhaps even intensify. While a cap and trade program is likely to preempt state regulation of emissions allowances, it is unlikely to preempt many of the climate initiatives being pursued. However, the effect upon existing regional cap and trade regimes remains the biggest question mark.


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