Emmett Institute on Climate Change & the Environment

Legal Pathways to Reducing Greenhouse Gas Emissions Under Section 115 of the Clean Air Act

Michael Burger, Ann Carlson, Michael B. Gerrard, Jayni Foley Hein, Jason A. Schwartz, and Keith J. Benes

January 2016

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The Emmett Institute on Climate Change and the Environment is proud to announce the release of its latest publication in collaboration with the Sabin Center for Climate Change Law at Columbia Law School and the Institute for Policy Integrity at New York University School of Law. The report, Legal Pathways to Reducing Greenhouse Gas Emissions Under Section 115 of the Clean Air Act, provides a legal analysis of the potential for creating an economy-wide, market-based program to reduce domestic greenhouse gas emissions under Section 115 of the Clean Air Act, which addresses international air pollution. Ann Carlson, Faculty Director of the Emmett Institute and the Shirley Shapiro Professor of Environmental Law at UCLA, served as one of the lead authors. The report concludes that such a use of Section 115 is not only legally defensible but also a smart policy choice, as it would reduce emissions in the most efficient way without requiring any Congressional action. The piece has received endorsements from prominent scholars at Yale Law School, New York University School of Law, Stanford Law School, University of California-Berkeley School of Law, and University of Virginia Law School.