In early December 2006, as we were writing this preface, Senator James Inhofe (R-Oklahoma) conducted his last hearing as chair of the Senate Environment and Public Works Committee. The topic was climate change, and Inhofe, the leading climate-change skeptic in the Senate, criticized the media for wscientifically unfounded climate alarmism." The hearings illuminated the legislative gridlock on environmental policy that has been so common in the U.S. Congress since 1990. Yet two other stories having to do with climate policy unfolded within a week of Inhofe's hearing. Earlier; the Supreme Court considered a case in which twelve states sought to force the U.S. Environmental Protection Agency to regulate greenhouse gas emissions from new vehicles. At one point during the oral arguments, an exasperated Justice Antonin Scalia exclaimed: "I'm not a scientist. That's why I don't want to have to deal with global warming, to tell you the truth." Yet the gridlock in Congress led to policy action on other fronts—in this case, a lawsuit. Further to the north, New York became the first state in the northeastern Regional Greenhouse Gas Initiative to unveil its draft regulations to achieve CO2 emissions cuts through a cap-and-trade program in the region. From the Northeast to the West Coast, states have acted while Washington has not. In sum, these three events illuminate the state of environmental policy in the United States today: gridlock in Congress, but action on a variety of other pathways.

Series Foreword ix

Preface to the First Edition xiii

Preface to the Updated and Expanded Edition xv

Acknowledgments xix

1 Environmental Policy Beyond Gridlock 1

2 Creating the Current Institutional Landscape of Environmental Policymaking 17

3 Regulatory Reform, Reconciliation, and Rough Riders: Environmental Policymaking in Congress 43

4 National Monuments, Roadless Forests, and Aging Electric Utilities: Executive Policymaking through Statutory Discretion and Rulemaking 91

5 From "Who Has Standing?w to "Who Is Left Standing?": The Courts and Environmental Policymaking in the Era of Gridlock 141

6 The Collaborative Pathway in Environmental Policymaking 179

7 The States and Environmental Policy: Junior Partner, Next Generation Innovator, Passionate Advocate, or All of the Above? 227

8 Gridlock, Green Drift, and the Future of Environmental Politics 263

9 The More Things Change, the More They Stay the Same 285

Notes 319

Selected References 381

Index 395

Series List 427

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