Month: July 2013
The D.C. Circuit’s Sleeper Decision in CBD v. EPA
Before I even get to the majority opinion in Center for Biological Diversity v. EPA, a quick word about the concurring opinion by Judge Brett Kavanaugh. Kavanaugh may be the most outspoken conservative on a court composed almost entirely of Republican appointees. So what he has to say about climate change is really noteworthy: In …
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CONTINUE READINGWhy Hide the Congressional Research Service’s Reports from the Public?
Q: Is there anything connected with Congress that actually works these days? A: Yes, the Congressional Research Service and the General Accounting Office. A key difference between these adjuncts to Congress, however, relates to public accessibility. The Congressional Research Service can be a really valuable resource, but their reports can be difficult to locate. Unlike …
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CONTINUE READINGEPA and the Social Cost of Carbon: Part II
This is Part II of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation. In Part I of this post series, Rhead described the social cost of carbon concept, discussed the Office of Management and Budget’s (OMB) recently updated social cost of carbon estimate of $38 …
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CONTINUE READINGEPA and the social cost of carbon
This is Part I of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation. The social cost of carbon (SCC, for policy wonks) represents the cost, in today’s dollars for the harm of emitting a ton of carbon dioxide equivalent gas into the atmosphere. Recently, the …
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CONTINUE READINGThe Long, Slow Path to Improved Air Quality Standards
The regulatory process can be slow and tortuous. Consider the case of air quality standards. Since 1997, EPA has had separate air quality standards for fine particulates, technically called PM2.5. These tiny particles can penetrate deep into the lungs, making them a special public health concern. EPA has revisited the standard twice, in 2006 and …
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CONTINUE READINGThe Strange World of the Small Business Administration
When you say “small business,” most people probably imagine a mom-and-pop corner grocery. Actually, the SBA’s concept of small goes well beyond that. For instance, it includes a computer business that does up to $25 million per year in business. A convenience store can do $27 million and still be considered “small,” while a grocery …
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CONTINUE READINGNoisy Cities and the 1%
The NY Times has published a great piece about noise pollution dynamics in New York City. Noise is a classic urban externality as it is a byproduct of productive activity such as airplanes landing, flying a helicopter to the Hamptons, or erecting a new building, or a subway arriving, or a motorist honking her horn …
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CONTINUE READINGThe House GOP Takes a Courageous Stand Against Food Safety
It takes guts to oppose food safety. But that’s no problem for the House GOP. According to the NY TImes, today’s House farm bill wasn’t content to eliminate food stamps, it also took aim at food safety: One overlooked provision in the bill came from Representative Dan Benishek, Republican of Michigan, a surgeon, and would …
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CONTINUE READINGSierra Club Entitled to County’s GIS Database Under California Public Records Act, Says California Supreme Court
Back in the day, when I toiled in the California Attorney General’s Office, I served a stint supervising the unit of that Office that oversees litigation involving California’s “little Freedom-of-Information Act,” officially known as the California Public Records Act (PRA). My standing advice to my attorney colleagues was never to allow a case to reach the …
CONTINUE READINGClimatopolis Revisited
Back in 2010, I published my book Climatopolis. This book presents a free markets approach for thinking about how we will adapt to the very real threat of climate change. I argue that urbanization, innovation, migration, competition and economic growth will play crucial roles in protecting us from a scary emerging challenge. I discuss …
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