Over the last few decades, 30 states and Washington, D.C., have enacted renewable portfolio standard (RPS) programs. These programs vary substantially, with most states having a restriction or preference with respect to whether renewables are located in-state or in-region. This Article takes a cross-disciplinary approach to analyzing these programs: first, by looking at how geographic limitations may run afoul of the dormant Commerce Clause (DCC); and second, by considering empirical research on how geographic provisions affect RPS programs’ cost-effectiveness.

In July 2021, the European Commission published a proposal for a Carbon Border Adjustment Mechanism (CBAM), part of a wider package of laws aimed at implementing the European Union (EU) Green Deal. The exact design of the CBAM is in flux, and priorities will have to be set. The chief concern is the compatibility of a CBAM with the law of the World Trade Organization (WTO). This Article explores whether and how the various CBAM design options under consideration can be reconciled with WTO requirements, focusing on a possible import border adjustment scheme.