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11 CCLR 281 (2017)
Special Issue on the Changing Prospects for Climate Law and Policy in the US: Editorial

handle is hein.journals/cclr2017 and id is 317 raw text is: 


Editorial 1 281


Editorial




     As this edition of CCLR goes to press we know some things about the direction of climate
     change policy under the Trump Administration, but much remains uncertain. The United
     States has withdrawn from the Paris Agreement but a very strong 'We're Still In' movement
     has emerged through which state and local governments, companies, and universities are
     committing to meet the US Paris goals. The Trump Administration has pledged to step back
     from many of the climate initiatives of the Obama Administration, the most notable of
     which is the Clean Power Plan. Again, states have stepped up. Examples include Califor-
     nia extending its greenhouse gas (GHG) cap and trade program, the decision by 13 states
     and Puerto Rico to join the US Climate Alliance' created by Governors Cuomo (New York),
     Inslee (Washington), and Brown (California) to support state efforts to meet the Paris com-
     mitments, and the decision of the Regional Greenhouse Gas Initiative2 involving nine
     Northeastern and Mid-Atlantic states to lower the cap on GHG emissions from power
     plants in the region. Companies also continue to take steps to lower GHG emissions through
     a variety of private environmental governance programs including procurement of renew-
     able energy and requiring suppliers to reduce their GHG emissions.

       Another very significant concern is the Trump Administration's proposals to reduce fund-
     ing for climate research that could restrict both the Federal government's and other orga-
     nizations' abilities to design smart solutions to climate problems whether through mitiga-
     tion or adaptation. Unfortunately, even states committed to addressing climate change,
     with the possible exception of California, are unlikely to have the financial and scientific
     resources needed to conduct the leading edge research on climate mitigation and adapta-
     tion issues needed to undergird climate policy development and implementation. This type
     of research is fundamentally a collective enterprise that should be led by the national gov-
     ernment. Finally, the Administration has backed away from international commitments to
     help less developed countries finance changes needed to mitigate, adapt to, or recover
     from the impacts of climate change. Contributing to the ability of other countries, espe-
     cially less developed countries, to cope with climate change is an important element of
     the concept of 'Common but Differentiated Responsibility' which takes into account the
     United States' disproportionate emission of GHG.

       This situation is complicated by the catastrophic damage caused by hurricanes Henry,
     Irma, and Maria that were almost certainly causally influenced by climate change, whether
     resulting from the higher ocean temperatures of Gulf waters or other factors such as a weak-
     ened jet stream that may have allowed hurricane Henry to linger over Houston and near-
     by parts of Texas. Both hurricane Katrina and Sandy raised the level of concern about cli-
     mate change but these events were not sufficient to quell the voices of climate skeptics. It
     will be interesting to see whether hurricanes Henry, Irma, and Maria have an impact on


   DOI: 10.21552/cclr/2017/4/3
I  See, <https://www.usclimateal liance.org .
2  See, <http://www.rggi.org>.


CCLR 412017

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