Alice Kaswan (University of San Francisco – School of Law) has posted Climate Change, Consumption, and Cities
(Fordham Urban Law Journal, 2009) on SSRN. Here is the abstract:
In
this article, Professor Kaswan argues that hoped-for greenhouse gas
reductions cannot be achieved without reducing consumption. Given their
control over land use and buildings, cities can play a key role in
reducing consumption. She argues that, while existing federal proposals
for a market-based approach could indirectly create incentives that
would reduce emissions from transportation and buildings, the invisible
hand of the market will not suffice. Nor can the federal government
succeed alone. Local and regional governments could play a key
practical and institutional role, and many have already initiated
greenhouse gas reduction efforts.Local governments are,
however, unlikely to take sufficient action on their own initiative due
to collective action constraints, the socioeconomic complexities
driving existing land use patterns, and federal and state disincentives
to smarter growth. Professor Kaswan argues for a vertically integrated
approach to overcome impediments to local action. She proposes that the
federal government delegate emission reduction responsibilities to the
states who would in turn delegate responsibility to regional or local
governments. She also proposes that federal law require the integration
of broader regional equity goals to address the complex socioeconomic
factors that are inextricably implicated in land use decisions.