The following is the second in a series of guest posts from the Constitutional Accountability Center, a progressive legal think tank that works on constitutional and environmental issues. It is written by online communications director Hannah McCrea and president Doug Kendall, who also help maintain CAC's blog, Warming Law. (Part I)
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In a 1932 dissenting opinion, Supreme Court Justice Louis Brandeis famously wrote: "It is one of the happy incidents of the federal system that a single courageous State may, if its citizens chose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country."
In the absence of federal action on climate change under the Bush administration, state and local governments have been taking advantage of this "happy incident" by passing measures that will reduce their contribution to global warming. Last September, ten northeastern states began auctioning allowances in the country's first mandatory regional cap-and-trade program, the Regional Greenhouse Gas Initiative (RGGI), while several western states began working with Canadian provinces to set up a similar program under the Western Climate Initiative.
Signaling that the nexus of leadership in U.S. climate policy lies currently at the state level, California Gov. Arnold Schwarzenegger hosted the Governors' Global Climate Summit in November, ostensibly to facilitate a high-level meeting between international and American leaders that bypassed the federal government. Unsurprisingly, California has led state efforts in advancing climate policy, and is currently in the process of adopting the largest and most comprehensive greenhouse gas reduction program in the country. These initiatives signal that Justice Brandeis's vision of states as "laboratories" of regulation is very much alive in the realm of climate policy.
Of course, state innovation has been most visible (and most contentious) when it comes to auto emissions standards, as seen with this week's blockbuster news that President Barack Obama is ordering the EPA to revisit the California waiver denial. As Grist readers may recall, in 2004 California formally adopted the "Pavley standards," an aggressive enhancement of auto emissions standards that would require a 30 percent reduction in greenhouse gas emissions for new vehicles by 2016. Normally, states aren't allowed to depart from federal auto emissions standards in this way, but under Section 209 of the Clean Air Act, California has special permission to set better-than-federal fuel economy standards, provided it obtains a waiver of preemption from the EPA. Once California gets a waiver, other states are allowed to adjust their own standards to match California's, creating a mechanism in which states gradually bring about a nation-wide reduction in auto emissions.