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Emissions Trading and the Polluter-Pays Principle: Do Polluters Pay under Grandfathering?

Author

Listed:
  • Woerdman Edwin

    (University of Groningen, The Netherlands)

  • Arcuri Alessandra

    (Rotterdam Institute of Law and Economics, The Netherlands)

  • Clò Stefano

    (University of Bologna, Italy, and Erasmus University Rotterdam, The Netherlands)

Abstract

Emissions trading is becoming increasingly popular in environmental law. Allowances to trade emissions can either be auctioned off or handed out free of charge by means of grandfathering. Although grandfathering is frequently used in emissions trading schemes, it is a popular view in the economic and legal literature that grandfathering is inconsistent with the polluter-pays principle. We come to a different, more nuanced view. The question of whether polluters pay under grandfathering depends on how the polluter-pays principle is interpreted. We present a taxonomy of interpretations. Based on an efficiency interpretation of the principle, consistency is demonstrated by emphasizing the economic impact of the opportunity costs of gratis allowances and the lump sum nature of the subsidy that is inherent to grandfathering. Inconsistency can only be claimed based on an equity interpretation of the polluter-pays principle. Allocating allowances free of charge means that polluting firms receive a capital gift making their shareholders richer, which may be perceived as unfair. We draw two conclusions. First, contrary to what some have claimed, grandfathering is compatible with an efficiency interpretation of the polluter-pays principle. Second, only auctioning is consistent with an extended form of this principle. Auctioning ensures not only that pollution costs are internalized (efficiency), but also that producers buy their allowances before they pass on those costs to consumers (equity).

Suggested Citation

  • Woerdman Edwin & Arcuri Alessandra & Clò Stefano, 2008. "Emissions Trading and the Polluter-Pays Principle: Do Polluters Pay under Grandfathering?," Review of Law & Economics, De Gruyter, vol. 4(2), pages 565-590, December.
    • Handle: RePEc:bpj:rlecon:v:4:y:2008:i:2:n:2
    DOI: 10.2202/1555-5879.1189
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    References listed on IDEAS

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    1. Cramton, Peter & Kerr, Suzi, 2002. "Tradeable carbon permit auctions: How and why to auction not grandfather," Energy Policy, Elsevier, vol. 30(4), pages 333-345, March.
    2. Revesz, Richard & Stavins, Robert, 2004. "Environmental Law and Policy," Working Paper Series rwp04-023, Harvard University, John F. Kennedy School of Government.
    3. Karsten Neuhoff & Kim Keats Martinez & Misato Sato, 2006. "Allocation, incentives and distortions: the impact of EU ETS emissions allowance allocations to the electricity sector," Climate Policy, Taylor & Francis Journals, vol. 6(1), pages 73-91, January.
    4. Barbara Buchner & Denny Ellerman, 2006. "Over-Allocation or Abatement? A Preliminary Analysis of the Eu Ets Based on the 2005 Emissions Data," Working Papers 2006.139, Fondazione Eni Enrico Mattei.
    5. Paul Koutstaal, 1997. "economic policy and climate change," Books, Edward Elgar Publishing, number 1316.
    6. Atle C. Christiansen & J�rgen Wettestad, 2003. "The EU as a frontrunner on greenhouse gas emissions trading: how did it happen and will the EU succeed?," Climate Policy, Taylor & Francis Journals, vol. 3(1), pages 3-18, March.
    7. Ellerman, A. Denny & Buchner, Barbara K., 2006. "Over-Allocation or Abatement? A Preliminary Analysis of the Eu Ets Based on the 2005 Emissions Data," Climate Change Modelling and Policy Working Papers 12062, Fondazione Eni Enrico Mattei (FEEM).
    8. Jos Sijm & Karsten Neuhoff & Yihsu Chen, 2006. "CO 2 cost pass-through and windfall profits in the power sector," Climate Policy, Taylor & Francis Journals, vol. 6(1), pages 49-72, January.
    9. Michael Faure & Joyeeta Gupta & Andries Nentjes (ed.), 2003. "Climate Change and the Kyoto Protocol," Books, Edward Elgar Publishing, number 2968.
    10. Andris Piebalgs, 2006. "Green paper: A European strategy for sustainable, competitive and secure energy," CESifo Forum, ifo Institute - Leibniz Institute for Economic Research at the University of Munich, vol. 7(02), pages 8-20, July.
    11. Martin, Stephen, 2001. "Industrial Organization: A European Perspective," OUP Catalogue, Oxford University Press, number 9780198297284, Decembrie.
    12. Steven Sorrell, 2003. "Carbon Trading in the Policy Mix," Oxford Review of Economic Policy, Oxford University Press and Oxford Review of Economic Policy Limited, vol. 19(3), pages 420-437.
    13. Jeroen C.J.M. van den Bergh (ed.), 1999. "Handbook of Environmental and Resource Economics," Books, Edward Elgar Publishing, number 801.
    14. repec:bla:scandj:v:98:y:1996:i:2:p:275-88 is not listed on IDEAS
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    2. Clò, Stefano, 2010. "Grandfathering, auctioning and Carbon Leakage: Assessing the inconsistencies of the new ETS Directive," Energy Policy, Elsevier, vol. 38(5), pages 2420-2430, May.
    3. Woerdman Edwin & Nentjes Andries, 2019. "Emissions Trading Hybrids: The Case of the EU ETS," Review of Law & Economics, De Gruyter, vol. 15(1), pages 1-32, March.
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    6. Edwin Woerdman & Jan Willem Bolderdijk, 2017. "Emissions trading for households? A behavioral law and economics perspective," European Journal of Law and Economics, Springer, vol. 44(3), pages 553-578, December.
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    8. Farley, Joshua & Costanza, Robert & Flomenhoft, Gary & Kirk, Daniel, 2015. "The Vermont Common Assets Trust: An institution for sustainable, just and efficient resource allocation," Ecological Economics, Elsevier, vol. 109(C), pages 71-79.
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