Year: 2013
The 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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CONTINUE READINGPlace Based Subsidies are the Wrong Way to Adapt to Climate Change
The NY Times wrestles with whether tax payers should be paying for the protection of coastal Queens, NY. I agree with Mr. Goldstein; Eric A. Goldstein, a senior lawyer at the Natural Resources Defense Council, an environmental advocacy group, said he was sympathetic to Broad Channel and understood why residents have been lobbying hard for aid. …
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CONTINUE READINGSore Winners
The government has filed a cert. petition in an environmental case (EPA v. Friends of the Everglades) with a really interesting procedural wrinkle. There’s more background about the case after the jump, but you don’t really need the details to understand the main issue. Here’s what you do need to know: 1. After EPA issued …
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CONTINUE READINGBombs Bursting in Air: Environmental Regulation of Fireworks
It seems only fitting as we approach the Fourth of July holiday to turn our attention to the environmental impacts and regulation of fireworks. As it turns out, our age-old patriotic tradition of exploding packages of toxic chemicals in the air is not without its environmental drawbacks. Although much is still unknown about the environmental …
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CONTINUE READINGEnvironmental Haiku for Summer
Just for amusement: Environmental haiku On a summer day. ____________ Across the hilltops, Slowly wheeling their white blades, Stand lines of windmills. ____________ A nap in the shade, Dreaming that new studies make Fox News fall silent. ____________ “Global climate change” – A long and abstract title For a world in pain. ____________ A beautiful …
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CONTINUE READINGEPA Sends Climate Rules for New Power Plants to OMB
Though I was somewhat skeptical that the Obama climate plan unfurled last week included much new, I’ve also argued previously that if the administration uses its extensive power under the Clean Air Act to regulate both new and existing power plants, the President will really have accomplished something on the climate change front. It looks …
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CONTINUE READINGThe Bogus Trade-Off Between the Environment and Jobs
Paul Krugman has a NY Times column arguing, from a Keynesian point of view, that Obama’s climate change program won’t cost jobs. One of my posts a couple of years ago suggested the same idea: in a slack economy, regulatory requirements are a form of stimulus that can actually create jobs because industry has to spend …
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CONTINUE READINGKoontz and Exactions: Don’t Worry, Be Happy
As Rick pointed out the other day, with Koontz v. St. John’s River Water Mgmt. Dist., the Supremes finished their Takings trifecta for this term, with unsurprisingly the plaintiff winning in all three cases. Koontz raised two issues: 1) do Nollan and Dolan apply when the government simply denies a permit, as opposed to attaching …
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