Buffalo Law Review Archive

Independent historical archive (2006–2018). For current issues of the Buffalo Law Review, visit digitalcommons.law.buffalo.edu/buffalolawreview.

Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism

56 Buff. L. Rev. 169 (2008)

Climate change disproportionately harms poor and communities of color in the United States, yet federal climate policy has largely ignored environmental justice concerns. Burkett proposes supplementing the cap-and-trade system with a domestic clean development mechanism (dCDM) modeled on the international Kyoto Protocol's Clean Development Mechanism. The Kyoto CDM allows developed nations to purchase emissions reduction credits from developing countries through green energy projects, addressing international inequality. Burkett argues that a dCDM would provide economically depressed and of-color communities entry into the carbon trading market by developing offsetting projects, ensuring their meaningful participation in climate policy. The mechanism would also create revenue streams for green development projects and adaptation funding for communities facing disproportionate climate impacts. While acknowledging criticisms of the international CDM's implementation weaknesses, Burkett contends that a corrected dCDM framework is currently the most viable option for meeting domestic climate justice goals within existing market-based approaches.

Topics: Environmental Law · Constitutional Law

Keywords: climate justice · Clean Development Mechanism · cap-and-trade · environmental justice · Kyoto Protocol · emissions trading

Read the full article (PDF) Original filename: Burkett Web 56_1.pdf

How to cite

Maxine Burkett, Just Solutions to Climate Change: A Climate Justice Proposal for a Domestic Clean Development Mechanism, 56 Buff. L. Rev. 169 (2008).