Region: National
An Opening for Climate Adaptation?
Marco Rubio seems willing to admit that climate change exists and is causing real problems. That’s a start.
During an interview with ABC’s Jonathan Kent, Marco Rubio made a very interesting statement about climate change. He took the standard anti-science position about the causes of climate change. “I do not believe that human activity is causing these dramatic changes to our climate the way these scientists are portraying it,” he said. He went on …
Continue reading “An Opening for Climate Adaptation?”
CONTINUE READINGJustice Scalia’s Puzzling Dissent
Justice Scalia’s dissent in EME Homer contains a number of unusual lapses in substance and tone.
As I’ve been studying the opinions in EME Homer, I’m increasingly struck by the oddities of Justice Scalia’s dissent. There was a flap last week about his blunder, later quietly corrected, in describing one of his own past opinions. But that’s not the only peculiarity of the dissent. As a quick reminder, EME Homer involved EPA’s effort to deal with interstate …
Continue reading “Justice Scalia’s Puzzling Dissent”
CONTINUE READINGWhat’s in a Name?
Supreme Court arguments surround the policies and effects of limitations periods
A few weeks back, I posted about CTS Corp. v. Waldburger, a case then awaiting oral argument in the Supreme Court. As you may recall (or as you can read here, with links to relevant documents), Waldburger involves hazardous waste contamination, and a provision of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) that …
Continue reading “What’s in a Name?”
CONTINUE READINGRichard Lazarus Formally Notified the Supreme Court of Scalia’s Error
Letter Led to Change in Dissenting Opinion
Who knew that the U.S. Supreme Court has a formal process for notifying it about errors in Court opinions? Richard Lazarus, the Howard and Katherine Aibel Professor of Law at Harvard and Supreme Court expert extraordinaire, that’s who. Turns out that after he discovered Justice Scalia’s error about Whitman v. American Trucking (see my earlier post of …
Continue reading “Richard Lazarus Formally Notified the Supreme Court of Scalia’s Error”
CONTINUE READINGDan Farber Highlights Scalia Error in Homer Dissent, Dissent Gets Corrected
Legal Planet post noted error yesterday
Yesterday Dan pointed out that Justice Scalia had made a “cringeworthy” error in his dissenting opinion in EPA v. Homer. Scalia argued — in support of his claim that EPA’s interpretation of the provision of the Clean Air Act that governs cross-state air pollution was inconsistent with the plain language of the statute — that EPA …
Continue reading “Dan Farber Highlights Scalia Error in Homer Dissent, Dissent Gets Corrected”
CONTINUE READINGEnding Corporate Welfare for Oil
“There Will Be Blood” was the title of 2007 movie about an old-time oilman. If you were doing a similar movie about the situation today, you might call it, “There Will Be Tax Write-Offs.” The taxpayers have been generous to the industry. Oil companies get about $5 billion per year in favored tax treatment. Mostly, …
Continue reading “Ending Corporate Welfare for Oil”
CONTINUE READINGMore About EPA’s Victory
The Court sensibly upheld EPA’s method of allocating responsibility between states, while Scalia wrote an unusually sloppy dissent.
As Ann has just written the Supreme Court’s decision today in the EME Homer case was a big victory for EPA and for air pollution control. In an opinion by Justice Ginsburg, the Court upheld EPA’s interstate transport rule. Ann focused on the potential implications of the decision for the other big environmental case pending before …
Continue reading “More About EPA’s Victory”
CONTINUE READINGBreaking News: Supreme Court’s Decision Upholding Cross-State Air Rule Is Good Sign for Greenhouse Gas Rules
Huge victory for EPA in regulating air pollution that crosses state lines
The Supreme Court’s 6-2 decision issued this morning in EPA v. EME Homer, upholding the agency’s rule to control air pollution that crosses state boundaries, gives plenty of reason for optimism that the Court will also uphold EPA’s greenhouse gas rules at issue in a different case, Utility Air Regulator Group v. EPA. Both cases …
CONTINUE READINGRenewable Energy and Political Geography
The Washington Post had a story over the weekend about the concerted campaign by the fossil fuel industry to rollback state laws favoring renewable energy. This effort was also the subject of an editorial in the Sunday Times. So far, this effort hasn’t gained real legislative traction. The story attributes this failure to the growth …
Continue reading “Renewable Energy and Political Geography”
CONTINUE READINGWhat Steve Jobs Could Teach Us About Land Use and Transit Planning
Lessons for making urban spaces great from the celebrated entrepreneur
Steve Jobs died in 2011, but his life experience, as related by biographer Walter Isaacson, offers some important lessons for today’s transit and urban development practitioners. I just finished reading the biography and was struck — like many others — by what a notoriously awful person he was to those around him. Part of the …
Continue reading “What Steve Jobs Could Teach Us About Land Use and Transit Planning”
CONTINUE READING