Month: November 2012

Making Climate Policy While Congress Sleeps

In our system of government, Congress is the institution with the greatest power to address issues of national importance.  Unfortunately, Congress has been AWOL on the issue of climate change. The election has made it marginally more likely that Congress might wake up and take action on climate change, possibly even including a carbon tax …

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One Additional Legal Challenge To AB 32: Prop 26

One addendum to my post on new developments and cap-and-trade.  I should have mentioned that Proposition 26 — which tightened the 2/3s vote requirement for taxes to include fees — may be the basis for another legal challenge to the cap-and-trade program.  California voters approved Prop 26 in 2010.  Unless Prop 26 is found to …

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New Developments for Cap-and-Trade in California

There’s big news for California’s cap-and-trade program to control the state’s greenhouse gas emissions on two fronts this week.  Cara alluded to the first in her post this week about California Democrats gaining a supermajority in both houses of the legislature after Tuesday’s election.  The legislative development is important because  the state legislature can probably …

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What might the election mean for environmental law?

Three quick thoughts on the implications of the election for environmental law in general, and greenhouse gas regulation in particular: (1)            Congress will matter less.  A stronger Democratic majority in the Senate and a reelected Obama mean that the courts are probably the only thing standing between full implementation of EPA’s carbon dioxide regulations under …

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Climate Change May Be More Severe Than Previously Expected

The Washington Post reports on a new study with grim implications about climate change.  The study suggests that temperature increases by the end of the century will be at the upper end of predictions — 8°F.  (Keep in mind that this is the global average — the change will be lower over the oceans but …

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On the Nature of “Stuff”

In celebrating National Schadenfreude Day yesterday, I could not help noticing Bill O’Reilly’s complex analysis of the election returns: “Voters want things. They want stuff. Who’s going to give them stuff? Obama.” Well.  Actually, the government has given the wealthy “stuff” all the time.  It gives them a whole plethora of specific tax breaks and credits.  …

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Election Day Shows the Need for Transit Tax Reform in California

Tuesday seems not have been a great day for local transit advocates in California.  Measures to increase or extend tax measures for public transit failed in Los Angeles County (Measure J) and currently trail in Alameda County (Measure B1), with mail-in ballots still being counted.  But when I say “failed,” what I mean is they …

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Nate Silver Denialism & Climate Change Denialism

It’s perhaps unsurprising that some of the same people that deny the overwhelming data on climate change also happened to deny the overwhelming data presented by Nate Silver of the New York Times about the likely outcome of the election yesterday.  Silver, the sports-statistician-turned-poll-analyzer, used aggregate poll data and analysis to show that Obama had …

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California with Pavley and a Legislative Supermajority?

Some really good news from the California legislative election results for those in favor of innovative state policies on climate change.  First, Sen. Fran “Clean Cars and AB 32” Pavley has won her tough reelection fight against challenger Todd Zink, who had attacked her for (among other things)  being too far left on the environment.   Sen. …

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The Election Results and National Energy Policy

In trying to read the effect of the 2012 elections on national energy policy, there are at least five places to look: 1. Continuity at the Federal Energy Regulatory Commission One of the more dramatic changes that occurred during the first Obama term was a shift in the mission of the Federal Regulatory Commission. FERC …

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