Conservative Support for a Carbon Tax? Hope Springs Eternal

Foley Hoag LLP - Environmental Law
Contact

I have long thought that the best argument for market-based approaches to climate change scientists-clues-printmitigation was the clunkiness of the alternative.  However much time EPA has spent trying to make the GHG regulations efficient, no one can say that EPA’s proposal is elegant.

Although it is at best a dim glimmer of hope on the horizon, it was nonetheless comforting to see Jerry Taylor of the Libertarian Niskanen Center make “The Conservative Case for a Carbon Tax.”  While I don’t agree with every aspect of his proposal, and liberals will likely howl at some elements, it is certainly a principled approach and makes sense as something that could be the centerpiece of a grand bargain on climate change.

To me, it is the “compared to what” issue that is Taylor’s strongest argument, and I hope conservatives are listening.  This pretty much gets it:

Lawsuits might stop the regulations, but only for a time. The agency’s rulemaking is vulnerable to a number of legal challenges. But as long as the EPA’s endangerment finding stands, a successful challenge to the rules will just send the agency back to the drawing board, with new rules to follow. There’s no guarantee that the new rules will be an improvement over the old rules.

I would only add that this is particularly true given that it is the most market-oriented parts of the rules that seem on the shakiest legal foundation.

A market-based approach to climate change mitigation is not going to happen in this Congress, but I remain hopeful.

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Foley Hoag LLP - Environmental Law | Attorney Advertising

Written by:

Foley Hoag LLP - Environmental Law
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Foley Hoag LLP - Environmental Law on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide