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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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    3. 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.
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    6. Arpitha Upendra, 2009. "Emissions Trading is free Market Environmentalism the Answer?," American Journal of Economics and Business Administration, Science Publications, vol. 1(3), pages 213-218, September.
    7. 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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