Winter is Frigid, so I Say Bring on the Greenhouse Effect! A Legal and Policy Discussion of the Strategies the United States Must Employ to Combat Global Warming

Abstract

This Comment will examine the legal means available to combat global warming and give a framework on how such means can be implemented and pursued. There are two viable strategies to employ: (1) using the court process to bring claims against emitters of greenhouse gases, and (2) enacting or modifying the laws to reflect a more comprehensive statutory stance against global warming. Of course, the two are interrelated. Regulation will precipitate lawsuits challenging the constitutionality or implementation of the regulation. Additionally, legislators will react to court decisions on the issue with legislation either to reinforce, or alternatively to preempt, the law created in the courts. 

The common law approach to remedying environmental ills has been used often with mixed success over the years. Moreover, Connecticut v. American Electric Co. indicates that the courts may not be ready to tackle the global warming issue, thus leaving its resolution to the legislature. Nevertheless, if a court could be convinced that the issue is ripe for decision, then lawsuits could be strong weapons to reduce greenhouse gas emissions. 

As far as legislation goes, this Comment will emphasize that a comprehensive regulatory program is not only possible, but required if the United States wishes to nip global warming in the bud. There exists considerable support for federal regulation of greenhouse gas emissions, however, the President wants nothing to do with regulation in this area. Nevertheless, an increase in the accuracy and certainty of scientific data on climate change, coupled with cooperation by some energy leaders, indicate that there will be significant pressure on Congress to take a stand against global warming in the near future.