What Can and Should the President do About Climate Change Without Congress?
President Obama made clear in his State of the Union that he would do everything within in his power to combat climate change even if Congress refused to go along. Here are his words:
I urge this Congress to pursue a bipartisan, market-based solution to climate
change, like the one John McCain and Joe Lieberman worked on together a few
years ago. But if Congress won’t act soon to protect future generations, I will.
I will direct my Cabinet to come up with executive actions we can take, now and
in the future, to reduce pollution, prepare our communities for the consequences
of climate change, and speed the transition to more sustainable sources of
It seems safe to say that Congress will not pass a bipartisan, market-based solution to climate change any time soon. So what, exactly, can and should the President do with his existing authority? The Harvard Law Review Forum has just posted three articles by Richard Lazarus, Michael Gerrard and me that attempt to answer this question. You can read them all here: http://www.harvardlawreview.org/forum/
Ann Carlson is currently on leave from UCLA School of Law. She is the Shirley Shapiro Professor of Environmental Law and was the founding Faculty Director of the Emmett I…READ more