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.