August 2012 - Legal Planet

Month: August 2012

The Fairness of Using the Gas Tax to Support Transit

A lot of people are out driving on this Labor Day weekend, which means buying gas and paying the gas tax that’s included in the price. As it happens, last week, the GOP adopted a platform condemning the use of the highway fund to support transit. The platform seems to reflect conservative fairness concerns, like …

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Posner versus Scalia Smackdown!

Environmental law revolves around statutes, so the topic of statutory interpretation is crucial for lawyers in the field. For the past thirty years, Justice Scalia has promoted an approach called textualism, which purports to provide an objective method of interpreting laws. This approach often, though not always, leads to narrower reader of statutes than broader …

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What’s better than Yosemite? (Hint: add lawyers)

Say what you want about environmental lawyers: We know how to pick a conference locale. Each fall, the Environmental Law Section of the California state bar holds its annual conference just outside the gates of Yosemite National Park. Specialists in environmental, land use, and natural resources law from all segments of the bar gather to talk regulation …

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Economists for AB32

A few days ago I joined a set of well known academic economists and signed this letter to Governor Brown. The NRDC has a nice post about the issues available here. Everyone who knows me, knows that I’m a proud University of Chicago Ph.D. economist and that my support for free markets and individual freedom …

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The GOP Platform & the Environment

With some effort, I was able to find full text of the platform. Not surprisingly, the basic thrust is to relax limits on industry. The energy provisions correspond to Romney’s recent proclamations — more drilling in more places, less regulation of coal, etc. On the environment, the basic message is that current regulations are …

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Putting a NEON Light on Ecosystems

New sensor technology and IT may transform our understanding of ecosystems. Big Science is coming to ecology, which was once the domain of individual naturalists. The Economist reports on NEON, the National Ecological Observatory Network: Ground has already been broken at three sites—in Colorado, Florida and Massachusetts. Eventually, 60 places across the country will be …

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Romney Endorses Keynesian Stimulus Spending — But Calls It an Energy Plan

I posted last week about the Romney energy plan and the super-optimistic projections of energy production it borrows from a Citigroup report. (here and here). The Romney plan touts enormous economic benefits in terms of job creation, also derived from the same Citigroup report. Of course, Romney doesn’t mention the report’s warning that its analysis …

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Give states control over energy leasing on federal lands?

Another element of the Romney energy plan that was announced this week is a proposal to turn over to the states the process of leasing of federal lands for oil and gas development. The Romney campaign argues that this will result in quicker and cheaper leasing development than under current federal management. This seems to me …

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When Paid Consultants Attack

In today’s Sacramento Bee, Andrew Chang has some tough things to say about California’s AB32 and about Bo Cutter and myself. He omits some details that are worth mentioning. First, some background. Last week, Bo Cutter and I published this OP-Ed in the Sac Bee. Chang’s response was published today. Point #1: We were not paid to …

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Waste Not, Want Not

In trying to catch up on my reading, I discovered that the August 10 issue of the journal Science has a special section on “working with waste.” The theme is the ability of waste to contribute to society as a form of energy or raw materials: [T]rash is often treasure— a feedstock that cannot be …

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We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Shanahan, Kennedy and Climate Change: Unanswered Questions

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Will the NEPA Amendments Speed Up Permitting?

Probably not much. If at all.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

Month: August 2012

TRENDING

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

It’s clear that RFK Jr.’s running mate has good intentions and an interest in climate issues. But not much is clear beyond that.

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not much. If at all.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.