U.S. Environmental Law in Global Perspective

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Presentation transcript:

U.S. Environmental Law in Global Perspective E. Donald Elliott Professor (adj) of Law Yale Law School e.donald.elliott@yale.edu

Good Verifiable, Reported Facility Standards

Good Verifiable, Reported Facility Standards Trading Systems (with Opt-In)

Good Verifiable and Reported Facility Standards Trading Systems (with Opt-In) Citizens Suits

Good Verifiable and Reported Facility Standards Trading Systems (with Opt-Ins) Citizens Suits Liability as Back-up Regulatory System

Good Verifiable and Reported Facility Standards Trading Systems (with Opt-Ins) Citizens Suits Liability as Back-up Regulatory System Quantitative Risk Assessment to Set Priorities

Bad Burden of Factual Proof On Regulators

Bad Burden of Factual Proof On Regulators Non-Expert Judicial Review of Science

Bad Burden of Factual Proof On Regulators Non-Expert Judicial Review of Science Substance by Substance

Bad Burden of Factual Proof On Regulators Non-Expert Judicial Review of Science Substance by Substance Separate Media Programs

Bad Burden of Factual Proof On Regulators Non-Expert Judicial Review of Science Substance by Substance Separate Media Programs Ample Margin of Safety vs. Cost-Effective Sustainable Development

Climate Change – The Way Forward

Climate Change – The Way Forward E. Donald Elliott, The Tragi-Comedy of the Commons: Evolutionary Biology, Economics and Environmental Law, 20 VA. ENVTL. L. J. 17 (2001). Pres Obama – Copenhagen – “in range of” 17 percent reduction from 2005 levels = 45 from 1990 EPA Under Existing Clean Air Act Authority More adaptation – less mitigation What is right level of CO2?