1. U.S. Environmental Law in Global Perspective
E. Donald Elliott
Professor (adj) of Law
Yale Law School

2. Good
Verifiable, Reported Facility Standards

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

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

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

6. 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

7. Bad
Burden of Factual Proof On Regulators

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

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

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

11. 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

12. Climate Change – The Way Forward

13. 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?