Year: 2016
Another California Regulatory Agency in Crisis: Southern California’s Air Quality Management District Fires Longtime Executive Officer
Barry Wallerstein’s Ouster from SCAQMD Signals Tilt Away from Protection of Public Health
In a move that shocked the environmental advocacy community and low-income communities of color that suffer most from the impacts of poor air quality in Los Angeles, the governing board of the South Coast Air Quality Management District fired its longtime executive officer Barry Wallerstein today, voting 7-6 in closed session to remove him from …
CONTINUE READINGRoberts Denies Mercury Stay
A state effort to suspend implementation fails.
Chief Justice Roberts turned down a request this morning to stay EPA’s mercury rule. Until the past month, this would have been completely un-noteworthy, because such a stay would have been unprecedented. But the Court’s startling recent stay of the EPA Clean Power Plan suggested that the door might have been wide open. Fortunately, that …
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CONTINUE READINGSan Jose’s Inclusionary Housing Ordinance Dodges Supreme Court Bullet
Justices Deny Review of California Supreme Court Decision Upholding San Jose Measure
Advocates of the City of San Jose’s controversial inclusionary housing ordinance, which was upheld in a 2015 California Supreme Court decision, are breathing a sigh of relief this week. That’s because the U.S. Supreme Court has denied the California Building Industry Association’s petition for certiorari in the case. But the available evidence suggests that the High Court …
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CONTINUE READINGLessons From Flint
A public-minded researcher discovers serious contamination of drinking water. His efforts to alert local officials are rebuffed. Concerned over how this will affect their reputation and the town’s economy, the authorities sit on the evidence and deny any problems. All the while, trusting people continue to drink unsafe water. While the setting may call to …
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CONTINUE READINGEnvironmental Enforcement in the Age of Trump
Is it time for a retributive turn in environmental law?
Many thought that the BP Oil Spill would lead to new environmental legislation, as happened after past environmental disasters. That didn’t happen. But something else did happen: BP paid $24 billion in civil and criminal penalties. In an era where any effort at government regulation is immediately denounced as a dire threat to liberty, …
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CONTINUE READINGBernie Sanders’ Position on the Clean Power Plan
His proposals would require withdrawing the rule and would increase its legal vulnerability
In an interview with Grist last week, Presidential candidate Bernie Sanders provided details about his views on the Clean Power Plan, the Obama administration’s rule to reduce greenhouse gas emissions from existing power plants. Sanders said two things of note: the first is that he would change the CPP to increase incentives for renewable fuels; the second …
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CONTINUE READINGRisk Subsidies and the Future of Nuclear Power in the U.S.
Should We Take Into Account Government Subsidies that Reduce the Risks Borne by the Nuclear Industry as We Consider Our Energy Future?
As I’ve written about before, U.S. law massively subsidizes the nuclear power industry. In particular, a law called the Price-Anderson Nuclear Industries Indemnity Act dramatically skews the incentives to develop nuclear plants, and to site them in places where there is a lot of risk, because it requires the public to bear much of the …
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CONTINUE READINGNevada Governor Sandoval on Obama’s Short List of Supreme Court Candidates
How Would a Justice Sandoval Vote on Environmental Issues?
Multiple news sources reported Wednesday that the Obama Administration has floated the first identified candidate the President is considering nominating to the U.S. Supreme Court to replace Justice Antonin Scalia, who died unexpectedly earlier this month. That candidate is a most intriguing and unconventional one: Nevada Governor Brian Sandoval–a Republican. Sandoval, 52, received his law …
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CONTINUE READINGUnleashing the Lower Courts
Justice Scalia’s death greatly expands the maneuvering room for liberal judges.
There’s already been a lot written about how Justice Scalia’s untimely death will affect pending cases, not to mention speculation about the possible nominees to replace him. Less attention has been given to the effect on the lower courts. Yet Justice Scalia’s departure gives liberal judges in lower courts more freedom than they’ve had in …
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CONTINUE READINGLessons from Aliso Canyon, Part II
Leaks in Regulation
Today, Southern California Gas announced it has successfully and permanently stopped the methane leak at its Aliso Canyon storage site. This marks the (fingers-crossed) end of a multi-month environmental crisis in northwest Los Angeles, causing residents to move and schools to close. Earlier this month, I blogged about the possible lessons we could learn …
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