California, Climate Change, and the Constitution

• Author: Erwin Chemerinsky/Brigham Daniels/Brettny Hardy/Tim Profeta/Christopher H. Schroeder/Neil S. Siegel
• Position: Alston & Bird Professor of Law and Political Science, Duke University/Assistant Professor of Law, University of Houston Law Center/Associate at Morgan, Lewis & Bockius, L.L.P., in New York/Director of the Nicholas Institute for Environmental Policy Solutions and Senior Associate Dean of the Nicholas School of the Environment and Earth Sciences/...
• Pages: 50-63

Page 50 ❧ THE ENVIRONMENTAL FORUM Copyright © 2008, Environmental Law Institute®, Washington, D.C. www.eli.org.

Reprinted by permission from The Environmental Forum®, July/August 2008

California,

Climate Change,

and

the Constitution

While the United States has of yet not passed meaningful

legislation that addresses climate change, several U.S.

states are taking steps to reduce the carbon footprints of

their industries and citizens. As it has in the past,

California is leading the way. But are its actions legal?

Erwin Chemerinsky

Brigham Daniels

Brettny Hardy

Tim Profeta

Christopher H. Schroeder

Neil S. Siegel

en v i r o n m e n T a l la w re P o r T e r

Erwin Chemerinsk y is the Alston & Bird Professor of La w and Political Science, Duke Universit y. Brigham Daniels is an Assistant

Professor of Law, Unive rsity of Houston Law Center. Brettny Hardy is an As sociate at Morgan, Lewis & Bockius, L.L .P., in New York.

Tim Profeta is Director of the Nicholas Institute for Environm ental Policy Solutions and Senior Associate Dean of the Nicholas School

of the Environment and Eart h Sciences. Christophe r H. Schroeder is Charles S. Murphy Professor of Law, Professor of Public Policy

Studies, Duke Univer sity, and Of Counsel, O’Melveny & Myers. Neil S. Siegel is an Associat e Professor of Law and Political Science,

Duke Universit y School of Law.