The jurisdictional framework for municipal action to reduce greenhouse gas emissions: Case studies from Canada, the USA and Germany

This paper addresses two questions: (1) Given a commitment at the national level to reduce greenhouse gas (GHG) emissions, what tools are available to national-level governments to induce complimentary actions required at subnational levels? (2) In the absence of a serious commitment at national and regional levels to reduce GHG emissions, what is the scope for, and jurisdictional rights of, cities to undertake actions? In this context, federal, regional and municipal legislation relevant for GHG emissions is examined in Canada, the USA and Germany. Regarding the first question, different national governments find themselves in considerably different positions to implement climate initiatives at subnational levels, with the German government in the strongest position and the Canadian government in the weakest. The implications of this for a nation's willingness to adopt emission reduction targets could be serious. Regarding the second question, there are few significant differences among Canadian, US and German municipalities' jurisdictional capabilities (and limitations) to reduce GHG emissions. Though limited in their legal capacity, these municipalities demonstrate that through their own, often informal, initiatives they can reinforce and compliment the more formal, regulatory actions by senior-level governments, thereby paving the way for senior-level governments to deliver meaningful domestic emission reductions.