Index of Recommendations Organized by Actor

• Author: Michael B. Gerrard/John C. Dernbach
• Pages: 940-1040

Page 940 Legal Pathways to Deep Decarbonization in the United States

Index of Recommendations Organized by Actor

is index organize s all of the recommendations set forth in this volume by actor (e.g., local governments), enabling

readers to see in one place all of the key recommendations for any par ticular actor, regardless of the chapter in which

they originated. Each recommendation notes the chapter and page number in which it appears. e entries are listed

alphabetically in chapter order. See page lii for the list of acronyms not introduced below.

U.S. G overnmen t, Gen erall y

• e federal government should assess all nea r-term decisions against long-term goals and viable pathways to

achieve them, balancing replac ing retiring fossil fuel-based i nfrastructure with available low-carbon technologies,

in order to help minimize carbon lock-in and stranded assets. (Ch. 1) (p. 38)

• e federal government should engage in integrated planning based on the ecient and transparent sharing of

information between stake holders, many of whom have not historically coordinated their eorts. (Ch. 1) (p. 38)

• e federal government should adopt and implement policy measures to reduce demand for energy services, not

just to reduce the energy needed to supply those services. (Ch. 3) (p. 108)

• e federal government should adopt and implement specic strategies that target increased upta ke of more

energy-ecient home equipment technologies, including green leases and improved life-cycle cost infor mation

for retai lers and householders. (Ch. 3) (p. 106)

• e federal government should address generational-scale lifestyle changes in t wo ways: playing oense, particu-

larly when policymak ers confront forks in the road where some lifestyle shifts could facili tate deep decarboniza-

tion; and playing defense by heading o lifest yle shifts that could undermine deep decarbonization. (Ch. 3) (p.

109)

• e federal government shou ld consider using speci c strateg ies to incre ase adoption of household-level renew-

able energy systems and purchase s of products with low life-cycle emissions, such as informal marketing through

neighborhoods and social networks and targeted marketing to environmentally minded consumers. (Ch. 3) (p.

107)

• e federal government should further use, test, a nd evaluate specic strategies for motor vehicle eciency,

including improved energy label ing and vehicle eet buyers’ use of supply chain pressure. (Ch. 3) (p. 107)

• e federal government should further use, test, a nd evaluate specic strategies to reduce ca rbon emissions from

the use of existing and new home equipment and buildings, including provision of monthly feed back and imple-

mentation of information campaigns. (Ch. 3) (p. 107)

• e federal government should further use, test, a nd evaluate specic strategies to increase the uptake of energy-

ecient buildings, includ ing energy audits of existing homes and energy rating systems for new homes. (Ch. 3)

(pp. 106-0 7)

• e federal government should further use, test, a nd evaluate strate gies for reducing carbon emissions from the

use of existing and new motor vehicles and other forms of tra nsportation, including provision of immediate fuel

use feedback devices and development of eco-driving education programs. (Ch. 3) (p. 107)

Page 941

• e federal government should consider a rejuvenated and focused green patenting program for decarbonization

technologies. (Ch. 4) (p. 120)

• e federal government should consider government-funded competi tions and prizes to incentivize low-carbon

technologies in addition to or instead of traditional research grants or contracts. (Ch. 4) (p. 120)

• e federal government should consider technology mandates for deep decarboniz ation, but only as a last resort

when the technology objective is clear and no other approach is available to ensure ach ievement of the technology

goal. (Ch. 4) (pp. 117-18)

• e federal government should coordinate with state and local govern ments, as well as corporations and busi-

nesses, to carefully plan techno logical cha nge inducement programs. (Ch. 4) (p. 127)

• e federal government should provide direct funding of R&D for car bon reduction technologies. (Ch. 4) (pp.

118- 19)

• e federal government should provide expedited regulatory approval pathways for some clean technologies, but

take care to mini mize the risk that such “short cuts” ignore unintended eects or preclude public input. (Ch. 4)

(p. 116 )

• e federal government should provide subsidies for clean energy tech nologies and remove current subsidies for

fossil fuels and other non-sustainable activities and products. (Ch. 4) (p. 119)

• Assuming that the production tax credit will not continue past its phaseout date, the federa l government should

assess the need for new incentives, similar to a production tax credit, which would permit con tinued growth for

renewable tec hnologies. (Ch. 5) (p. 137)

• e federal government should support nancing of carbon reducing technologies through the issuance of green

bonds. (Ch. 5) (p. 141-2)

• e federal government should work together with state governments and the private sector to study and under-

stand the eects t hat incen tives like t he production tax credit have on the growth of renewable technologies. (Ch.

5) (p. 137)

• e federal government should work with state governments and the private sector to continually assess and

adjust incentives like the invest ment tax credit in order to promote the advancement of new technolo gies. (Ch.

5) (p. 138)

• e federal government should adopt minimum energy-eciency standards for new buildings as it does for new

cars. (Ch. 6) (p. 170)

• Wherever the federal government has jurisdict ion over an energy proj ect part icipant, it should use its authority to

require reporting of carbon performance information on an ongoing basis. (Ch. 6) (p. 177)

• In developing carbon markets, the federa l government could account for GHG emissions reductions achieved

through materials and solid waste management. (Ch. 7) (p. 194)

• e federal government could promulgate regulations for plastic recycling facilities to address the potential lea k-

age of nanomaterials, sealants, dyes, and other substances. (Ch. 7) (p. 195)

Page 942 Legal Pathways to Deep Decarbonization in the United States

• e federal government should consider a product eco-labeling requirement to help facilitate a transition to the

circular economy. (Ch. 7) (p. 194)

• e federal government should consider adopting best practice regulations for mana gement of nanomaterials in

the waste stream. (Ch. 7) (p. 195)

• e federal government should consider design requirements on electronic products that facilitate repurposing

and recycling. (Ch. 7) (p. 195)

• As the U.S. government develops decarbonization laws and policies that contain LCRs, it should make every

eort to ensure that they do not “constitute a means of arbitrary or unjustiable discrimination” or a “disguised

restriction on international trade.” (Ch. 8) (p. 205)

• If the federal government can justif y the use of LCRs, it should demonstrate that otherwise trade-restrictive

measures were the only ones available to meet those policy objectives or that there were no less trade-restrictive

measures available. (Ch. 8) (p. 205)

• If the federal government designs a decarbonization law that contains LCRs, it should meet the national treat-

ment requirements under GATT Article III. (ch. 8) (p. 207)

• If the federal government should design a decarboniz ation law that contains LCRs, it should meet one or more of

the exceptions in GATT Art icle XX. (Ch. 8) (p. 205)

• e federal government should use eco-labels to inform consumers of cleaner production methods on products

and services sold. (Ch. 8) (pp. 210-11)

• e U.S. government should consider feed-in taris as long as they comply with applicable trade rules. (Ch. 8)

(p. 210 )

• Federal energy-eciency actions should be closely coordinated a nd synchronized with state, city, industrial, util-

ity, and private actor energy-eciency actions to the extent possible. (Ch. 9) (p. 231)

• e federal government should continue to fully fund the Energy Sta r program and invest in labeling , RD&D,

and accelerator programs on lighting. (Ch. 9) (p. 250)

• e federal government should continue to invest in programs that provide nancial incentives for the use and

manufacturing of ecient lighting. (Ch. 9) (p. 251)

• e federal government should adopt legal and policy reforms to reorient transportation plann ing and investment

decisions to minimize impacts on tree c over, wetlands, and other carbon sinks. (Ch. 13) (p. 347)

• e federal government should adopt policies promoting exible and compressed work schedules for their employ-

ees, where appropriate, and provide information and incentives to private employers. (Ch. 13) (p. 340)

• e federal government should develop protocols, regulations, and incentives for autonomous vehicles to maxi-

mize GHG reduction, including the use of such vehicles in combination with trip sharing, car-sharing, public

transit, bicycling, and wa lking. (Ch. 13) (p. 342)

• e federal government should devote a larger share of transportat ion funding to providing meaningful alterna-

tives to driving, and increa se funding for projects that better connect various modes in order to expand transpor-

tation choices. (Ch. 13) (p. 344)

• e federal government should direct a greater share of infra structure spending to ex isting communities. (Ch.

13) (p. 347)