Document Type
Article
Publication Date
2012
Abstract
This article explores the constitutional viability of expanding domestic, state-run cap-and-trade programs to include Canadian provinces. It examines four constitutional doctrines that might be used to challenge these cross-border collaborations: preemption, the dormant foreign affairs power, the Compact Clause, and the dormant foreign Commerce Clause. Ultimately, it makes the case that while these doctrines are flexible enough that they could be interpreted to prohibit cross-border cap-and-trade, courts would be wise to let these novel and commendable state initiatives proceed.
Disciplines
Environmental Law | Law
Recommended Citation
Shelley Welton,
State Dynamism, Federal Constraints: Possible Constitutional Hurdles to Cross-Border Cap-and-Trade,
27(1)
Nat. Resources & Env't
1
(2012).
Available at:
https://scholarship.law.columbia.edu/sabin_climate_change/163
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