Abstract
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,2 its subsequent evolution into an interstate dispute and the possible consequences for future GHG regulation in the EU and the US.
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Eva Barrett
Eva Barrett is a solicitor and PhD candidate at Trinity College Dublin and an Irish Research Council Government of Ireland Scholar. First and foremost the author would like to thank Martin O’Neill, James Barrett, Kate O’Callaghan and Alex Schuster for their continuing and hugely appreciated support and comments on an earlier draft of this article. Warm thanks are also extended to Don C Smith and Dr Bilun Mueller for giving their time and expertise so generously. Any errors or omissions remain the author’s own. The author can be contacted by email at [email protected].