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The central purpose of the National Environmental Policy Act (NEPA) is to improve governmental decision making by making relevant information available to officials and by ensuring that everyone affected by the decisions is given a voice. In this article, Michael Gerrard focuses on the effect of NEPA on decisions. First, Gerrard discusses the effect that NEPA has had on internal decision making. Then, he delves into the accuracy of predictions in environmental impact statements. Lastly, Gerrard analyzes what happens to environmental impact statements after the record of decision is issued.
In this piece, Michael B. Gerrard comments on an article by Thomas D. Peterson, Robert B. McKinstry Jr., and John C. Dernbach which held two central insights: (1) Any serious national effort to control emissions of greenhouse gases must continue to leave important roles to the states; and (2) It would be a mistake to put too many eggs in the cap-and-trade basket. Although Gerrard agrees with these insights, he has reservations about the authors' proposal to use the mechanism of national ambient air quality standards and state implementation plans as a way to give states the vital roles they deserve. In discussing alternative methods to this, Gerrard delves into the topics of state action, the national ambient air quality standards, state implementation plans, and lastly, alternative approaches to state roles.
In 2010, Jonathan Cannon, Michael Vandenbergh, and Michael B. Gerrard planned the conference entitled "Implementing Climate Change Policy" which was aimed at discussing the implementation challenges posed by several pathways to climate regulation. In preparation for this conference, Michael B. Gerrard outlines various implementation strategies for comprehensive climate change policy. In doing so, Gerrard points to four different paths forward for climate change regulation in the United States: U.S. Environmental Protection Agency rule-making; legislation; state and regional regulation; and litigation. Lastly, Gerrard point to the potential success of climate change policy if these four different pathways are combined and completed together.
This publication is a part of a broader project to strengthen legal capacities in Mexico regarding climate mitigation and the transition to a low carbon economy. This publication presents a full English translation of Mexico's General Climate Change Law and sets the stage for deeper discussion on what the law requires and what it means moving forward. In addition to this, this piece provides a series of short legal commentaries that identify both the challenges and opportunities presented through the General Law on Climate Change. Lastly, this publication identifies a wide range of questions, concerns, and risks associated with the still uncertain framework laid out in the General Law on Climate Change, but it also highlights opportunities and optimism, and signifies an opportunity for bi-lateral collaboration around these topics.