Region: National
The Supreme Court Stay and the Dog That Didn’t Bark
EPA’s Requirements for New Plants Remain Intact
The Supreme Court’s stay of the Clean Power Plan was a surprise to almost all observers, maybe even to the lawyers requesting the stay. We can only speculate on what the five majority Justices had in mind, since there was no written opinion. The practical impact of the decision is also unclear. E&E news reports that the …
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CONTINUE READINGThe Decision to Halt the Implementation of the Clean Power Plan is Outrageous
And Inconsistent with the Law
As I wrote earlier today, there is nothing good to be said about the U.S. Supreme Court decision today that halted the implementation of the President’s Clean Power Plan. The decision is a huge blow to the President’s climate agenda, it’s a setback for the Paris Agreement and it is a bad sign that the …
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CONTINUE READINGInitial Thoughts on the Supreme Court Staying the Clean Power Plan
Short Answer: There’s Nothing Good to Say About it
The U.S. Supreme Court, in a 5-4 half-page order, dealt the Obama Administration a big blow today by preventing its Clean Power Plan from going into effect until the case can be heard on its merits. We know from the order that the Court split in the usual way, with the four more liberal members of the Court …
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CONTINUE READINGThe Puzzling Persistence of Takings Litigation
Litigation rates dropped by only a little even when the real estate market collapsed.
Takings litigation is a bit of a puzzle. You would expect the amount of litigation to go up and down depending on the situation in the real estate market. If there’s a lot of new construction, there are more opportunities for conflict between developers and regulators. And if prices are high, so are the economic stakes, …
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CONTINUE READINGAn Inconvenient Logic
Justice Scalia’s argument in the FERC case contradicts his attack on Obamacare.
They say consistency is the hobgoblin of small minds. If so, Justice Scalia is in good shape. His argument last week in the FERC argument was totally inconsistent with his argument against the constitutionality of Obamacare. Both cases involve change in the incentives to enter a market in the first place. In the Obamacare case, …
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CONTINUE READINGEPA Wins the First Round in Clean Power Plan Litigation
…But this is just the beginning—and the Supreme Court will have a say
As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …
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CONTINUE READINGBig Win For Clean Technology In The Supreme Court Today
Court validates federal rule to encourage more efficient electricy usage
The future of a clean electricity grid will require more decentralization based on clean technology, like solar and energy storage. Large industrial customers are investing in these technologies and also signing up to moderate their electricity demand in response to larger grid needs (i.e. reducing usage when electricity becomes expensive and dirty to produce). Smaller …
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CONTINUE READINGLegacy Goods and Environment Preservation
The value of some goods like wilderness today depends on their futures.
Normally, economists imagine, equal experiences become less valuable as they recede further into the future. But some types of goods don’t have that kind of relationship with future experiences. They can become more valuable as they extend farther into to the future. Take this blog post, for example. I’m really happy that you’re reading it …
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CONTINUE READINGDC Circuit Denies Stay of Clean Power Plan
The DC Circuit issued a judgment denying the request for a stay in the case challenging the Clean Power Plan, West Virginia v. EPA. The decision simply states that the petitioners failed to meet the “stringent requirements for a stay pending court review.” The court ordered the parties to submit a proposed briefing schedule by …
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CONTINUE READINGTwo Record-Breaking Hot Years in a Row
Recent World Temperatures Provide Strong Evidence of Climate Change
Scientists in the United States, Japan, and Britain have all confirmed that 2015 was the warmest year in average world temperature in the historical record. This breaks the previous record temperatures of 2014. You wouldn’t really expect a record that has been around for many years to be broken two years in a row, unless something was …
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