Flickr/Jenn Durfey
The United States consumes an enormous amount of energy via our buildings and cars. Buildings and light vehicles in the U.S. use forty-six quadrillion British Thermal Units (BTUs) in an average year, which represents over 10% of the total energy consumed worldwide. As global energy demands rise, climate change advances, and new technologies enter the marketplace, many states and localities have tried to push their economies in a greener direction. Often, these measures are centered on increasing energy efficiency for buildings (via new building codes) and cars (by regulating taxicabs). But state and local governments face a series of barriers to this effort, erected by federal courts announcing broad preemption decisions under the Clean Air Act (CAA) and Energy Policy and Conservation Act (EPCA). This article identifies and argues against these high barriers to increasing energy efficiency.
N.Y.U. Review of Law and Social Change 