THE GREENING OF FEDERALISM

Federal and state law and courts play an important role in the development of air pollution and climate change polices. In 2007, the U.S. Supreme Court ruled that the Environmental Protection Agency must regulate greenhouse gases under the Clean Air Act unless it determines that greenhouse gases do not contribute to climate change. In addition, the state of California successfully challenged the denial of a waiver permitting the state to enact stricter air quality standards. In the absence of federal legislation, more than half of the 50 states are contemplating, developing, or implementing climate policies. In 2006, California passed the Global Warming Solutions Act, which requires reduction of greenhouse gas emissions statewide to 1990 levels over the next decade. The fate of this law remains uncertain as a proper balance is sought between federal and state authority over these matters. This article looks at the intersection of federal and state air pollution and climate change policies, focusing on California and the evolution of environmental federalism. Adapted from the source document.