Region: National

SB 32 Passage Great News But Legislature Needs to Pass AB 197 Too

AB 197 Would Curtail California Air Resources Board Power, Potentially Restrict Cap-and-Trade

Ethan reported the good news today that the California Assembly passed SB 32, legislation that would extend California’s landmark climate change legislation to 2030 and require deeper cuts in emissions.  The original legislation, AB 32, required that California cut its emissions to 1990 levels by 2020. SB 32 requires that the state achieve a 40 …

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Libertarian Candidate Endorses a Carbon Fee

Gary Johnson has put his weight behind

In an interview in Alaska, Gary Johnson endorsed the idea of a fee on carbon emissions. Here’s what he had to say, according to E&E News: “Johnson described his “free market approach” to global warming to the Juneau Empire in an interview published this weekend. He said his plan would include a fee, “not a …

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A Small-Government Approach to Pricing Carbon

We can impose a price on carbon without a tax or emissions trading. Here’s how.

Cap and dividend is a politically appealing idea; put a price on carbon, then refund the money to consumers in equal shares.  But conservatives and libertarians object to this idea on two grounds. First, cap-and-trade systems are complex and require a lot of regulatory oversight.  Second, if the government collects the money, despite its current …

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Louisiana Flood Lessons for a Climate-Changed Future

Louisiana’s preparedness for a 1000-year flood, and implications of the slow media response for slow-onset climate impacts

The devastating floods in southern Louisiana a week ago left at least 13 people dead, tens of thousands in need of rescue, and 60,000 homes damaged. In one parish, nearly ninety percent of homes flooded. Cellular network failures, road closures, power outages, and sewage-contaminated floodwaters continue to threaten relief efforts. The American Red Cross is …

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Beyond Administrative Law

Law students need to know about more than administrative procedure and judicial review.

Since the days of Felix Frankfurter, the Administrative Law course has been a staple of American law schools.  It’s a great course, but it’s limited.  The same is true of most of the courses on legislation and regulation in the first year, which also focus on how courts interpret statutes and how they review administrative …

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Legal Analysis of CAISO Expansion

We don’t foresee changes to FERC jurisdiction or Commerce Clause validity

The California Independent System Operator — known as CAISO — is considering expanding its footprint to include Pacific Corp as a participating transmission owner.   CAISO recently commissioned a study that Professor William Boyd of the University of Colorado and I authored, in consultation with  Ethan Elkind  of Berkeley and UCLA and Sho Sato Professor …

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“We’re Not, You Know, People That Don’t Want Those Things”

Trump promises clean air, clean water, safety, and a free lunch.

Every now and then, you see a car with one bumper sticker that says “Support Our Troops” and another that says “Abolish the IRS.”  It doesn’t seem to have occurred to the car’s owner that supporting our troops includes paying and equipping them, and that someone is going to have to collect the taxes to …

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Has Environmental Law Hurt Trump Supports? Could It Help Them?

A major study sheds new light on these issues.

It’s time to update our image of Trump voters.  We thought that Trump voters were less affluent, lived in areas that were losing jobs in manufacturing and in areas impacted by immigrants.  All of that turns out to be wrong, according to a massive new study from Gallup based on surveys of over eighty thousand …

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Conflicting Visions of the Future of the American West

The GOP favors the Old West of ranching, logging, mining, and oil. The Democrats have a different view.

The Democratic and Republican parties have very different ideas about the 640 million acres of land owned by the federal government, mostly in the West. It’s not just that the party platforms disagree about the balance between preservation and resource exploitation. It’s also that Democrats have a much different vision of the future of the American …

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The Miracle Elixir for Economic Growth: More Pollution!

Trump claims allowing more water and air pollution will boost the economy through the stratosphere.

Is increased pollution the key to economic growth? Can we increase economic growth by dropping restrictions on air and water pollution and ramping up climate change? Donald Trump believes that the answer is yes – indeed, if that if we just get rid of those pesky environmental regulations, we can create 500,000 new jobs every year, …

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