Region: National

Culture Wars at the Supreme Court

A new book examines the roots of judicial conflict in environmental law.

Views on environmental issues are related to broader culture differences.  According to social scientists, environmentalists tend to be egalitarian, believe in harmony with nature, and stress responsibility over autonomy.  Their opponents, who are skeptical about regulation, tend to favor traditional hierarchies, believe in human mastery of nature, and stress autonomy over responsibility. Jon Cannon’s new book, Environment …

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Is Jeb Bush Listening to Andy Sabin?

Position on Climate Change Evolving

                 Jeb Bush is now “concerned” about climate change.  He also believes the U.S. needs to work with other countries to “negotiate a way to reduce carbon emissions.”  Though some environmental groups remain skeptical –largely because Bush also embraced natural gas as the primary tool to reduce U.S. …

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Carbon Vouchers: A Small-Government Approach to Climate Action

How to limit climate change without giving the Feds enforcement powers or revenue.

What I’m going to sketch here isn’t a zero government approach. But the government’s role is very limited: federal agencies don’t do any enforcement and the government doesn’t touch any revenue from the scheme. So this approach deals with the concern that a carbon tax or something similar would either expand EPA’s ability to abuse …

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Swinging Between Optimism and Pessimism on Climate Change

good news, bad news

Every day seems to bring new news about climate change, some of it encouraging and some of it so disheartening that doomsday feels around the corner.  Here’s a catalogue of recent climate news, starting with the optimistic stories: Bloomberg news reports that the end of fossil fuels is in sight. The World Bank today announced …

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Has EPA’s Proposed NSPS Expired?

Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111

Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …

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Climate Gag Rules and the First Amendment

Are climate gag rules constitutional? Sometimes yes, sometimes no.

There have been recent reports about state agencies that forbid employees from discussing climate change.  Since this is obviously a restriction on speech, it’s natural to wonder what the First Amendment has to say on the subject.  The answer depends in large part on the kind of employee speech at issue. Let’s being with a ban …

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It’s a Wonderful Law?

A thought experiment about the role of the ESA in California water management

[This post is co-authored by A. Dan Tarlock, Distguished Professor of Law, IIT Chicago-Kent College of Law.] Remember the movie “It’s a Wonderful Life,” which shows up on TV every year at Christmas season? In it George Bailey, played by Jimmy Stewart, gets a great gift from Clarence, an angel-in-training who intervenes as George is …

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The Case Against Sulking

States will only lose out if they refuse to cooperate with the Clean Power Plan.

Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court.  He has been accused of inciting lawless behavior on the part of state governments.  Let me come to his defense on this.  (How often do I get to do that??) The states are under no legal obligation …

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News from a Warming World

Coal versus wind power; China’s air; poll results; Ted Cruz; arctic ice.

There’s been a lot of interesting environmental news recently, much of which seems to have gotten little notice. The topics range from U.S. wind power (growing) to U.S. coal power and Arctic sea ice (both shrinking), with a bit of Ted Cruz to spice things up. Here’s the round-up: Out with coal, in with wind. The …

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The Grid is Always Greener …

New York electricity regulators are working hard on “Reforming the Energy Vision”

It seems to be an undeniable part of human nature. When we consider making changes – whether it has to do with the place where we live, the business we are in, or the partner we choose – we tend to compare the flaws of the thing we know to the ideal version of the …

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