Region: National
Jobs & Regs
The empirical evidence suggests that job loss from regulation is small.
It seems to be easy to make arguments one way or another about the effect of regulation on jobs. What does the evidence say? Those seeking an answer would do well to look at a recent book on the subject by Coglianese, Finkel, and Carrigan. Although the book is broader in scope, it provides a careful …
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CONTINUE READINGIs Jeb Too Green?
GOP Primary voters may think so.
At this point, the GOP Presidential field looks like Jeb Bush versus Everyone Else. (Of course, there’s a big fight over who get’s to play Everyone Else when this particular play opens in Iowa and New Hampshire.) It’s an open question whether Jeb will turn out to be too green for the average GOP primary voter. …
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CONTINUE READINGClimate Fatigue
You might be tired of climate change. But climate change isn’t tired of you.
I gather that people are tired of hearing about climate change. I’m tired of hearing about climate change, too. Sadly, Nature just doesn’t care that much about entertaining us. It’s going to be climate change this year, climate change next year, climate change the year after that . . . But don’t worry, it won’t …
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CONTINUE READINGCulture 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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CONTINUE READINGIs 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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CONTINUE READINGCarbon 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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CONTINUE READINGSwinging 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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CONTINUE READINGHas 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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CONTINUE READINGClimate 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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CONTINUE READINGIt’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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