Region: National

A Major Defeat for Property Rights Advocates

Hardly anyone noticed a decision last June limiting the rights of property owners against regulators.

Murr v. Wisconsin was a sleeper case decided by the Supreme Court last June. But it deserves a lot more attention than it has gotten. As I discuss in a new paper, Murr was a major defeat for property rights advocates and a big win for land use planners and environmentalists. Murr has escaped much …

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It’s Official: Climate Change is Real and It’s Serious

The Administration allowed a key scientific report to come out. They’ll have trouble explaining it away.

The release of the Fourth National Climate Assessment got some attention from the press.  The press mostly focused on the forthright endorsement of climate science by the NCA4 report — something of a surprise in the anti-science Trump Administration.  That was indeed notable, but there are other features of the report that will make it …

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Public Lands Watch: Sage grouse

Interior Dept. considering revisions to protection for iconic species

The greater sage-grouse is the largest grouse species in North America, about the size of a domestic chicken.  Estimates for its historic population are that it numbered 1.1 million across the sagebrush plains throughout the Western United States and Canada.  The grouse depends on sagebrush habitat, but that habitat is declining due to a range …

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Hot Off the Presses: An Intro to Climate Change Law and Policy

The Paris Agreement. The Clean Power Plan. Geo-Engineering. Trump. And there’s more!

I’m really excited to announce the publication of Climate Change Law: Concepts & Insights (Foundation Press 2017), by Cinnamon Carlarne and me. There are lots of great scholarly tomes on the subject — either monographs or collected volumes.  But there really hasn’t been anything that provides a comprehensive introduction to climate law as a whole, …

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Florida’s Retro Energy Policy

It may be called the Sunshine State, but you wouldn’t know that from the lack of solar.

Florida is the paradigm of the ostrich with its head in the sand. It may be the most vulnerable state to climate change. Yet, the state government is assiduously ignoring the problem though some cities and counties and South Florida are keenly aware of the risks. Even after Hurricane Irma, the governor still professed complete …

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Renewable Energy in the Mountain West: A Tale of Two States

Wyoming and Colorado are very different places — but renewables are thriving in both states.

Politics play an important role in determining the fate of renewable energy in particular places, but so does economics.  The Trump Administration is trying to shift the economics, but it seems unlikely they’ll be able to have much impact. For now, at least, there are a variety of motivations for states to embrace renewables, as …

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Everything You Always Wanted to Know About the Chevron Doctrine

This doctrine, formerly known only to specialists, will play a large role under Trump.

During the Gorsuch nomination, there was a lot of talk in the press about the Chevron doctrine. Most people have never heard of this doctrine, and only a few are aware of all the nuances. As the Trump Administration’s rulemaking efforts come before the courts, we’re going to be hearing a lot more about it. …

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Public Lands Watch: Arctic National Wildlife Refuge

Senate budget resolution being considered this week could open refuge to oil drilling

One of the longest lasting fights over the federal public lands has been whether to open up portions of the Arctic National Wildlife Refuge in Alaska to oil and gas development. The Refuge is one of the most important and largest protected areas in North America – it is unusual in that it protects the …

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Disaster Resilience: Inching Forward, Sliding Back

We’re slowing improving disaster resilience. But there have been some notable setbacks.

An ounce of prevention is worth a pound of cure, as the saying goes.  The same is true for disasters. We are slowly getting better at mitigating disaster risks.  These improvements don’t generally take the form of dramatic breakthroughs.  Rather they involve incremental progress on a number of fronts. For instance, homes that were constructed …

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Will Renewable Energy Keep Getting Cheaper?

Technological and economic forces will continue to cut prices, regardless of Trump.

The Trump Administration is trying to save coal and stop the growth of renewables. Just this week Scott Pruitt issued a proposed repeal of Obama’s Clean Power Plan. Whether or not the repeal succeeds, Pruitt & Co. are  fighting against the economic tide.  If the price of renewables continues to fall, it will be harder …

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