Region: National
Is It Unconstitutional for the President to Implement Major New Policies by Regulation?
According to the Supreme Court, when statutes are unclear, the President is supposed to make policy judgments. That’s not unconstitutional — it’s just business as usual.
The short answer is a resounding No. Some domestic initiatives obviously do require Congressional approval because they are clearly outside the authority conferred by existing law. But Congress has given the executive branch broad discretion to regulate in many areas, and the executive branch can use that authority for major policy initiatives. The only real …
CONTINUE READINGEmmett Center Files Amicus Brief in U.S. Supreme Court GHG Case on Behalf of South Coast Air District
UCLA’s Emmett Center filed an amicus curiae brief yesterday in Utility Air Regulatory Group (UARG) v. EPA, the U.S. Supreme Court case that will determine whether EPA’s greenhouse gas emissions rules under the Prevention of Significant Deterioration section of the Clean Air Act are valid. Arguing on behalf of the South Coast Air Quality …
CONTINUE READINGClimate Impacts: The Economist’s View
Climate change may damage economies more than previously thought.
The Economist has an important story about climate change impacts. There are two big takeaways, one about growth in developing countries and one about economic repercussions in developed countries like the U.S. It has long been known that climate change will impose costs on developing countries. But there is increasing reason to think that it …
Continue reading “Climate Impacts: The Economist’s View”
CONTINUE READINGLightbulb Wars : The Saga Continues
Republicans win a largely symbolic victory for an obsolete technology.
Among the sleeper provisions of the new budget deal is a ban on enforcing federal lightbulb standards. This is a great example of symbolic politics — it makes Tea Party Republicans happy, has limited practical effect, and makes little policy sense. Or to put it another way, the enforcement ban is a dumb thing to …
Continue reading “Lightbulb Wars : The Saga Continues”
CONTINUE READINGWhat Martin Luther King DIDN’T Say
Issues like the environment and animal rights weren’t on his radar screen.
Since tomorrow is Martin Luther King day, I was curious about whether Dr. King had ever said anything about the environment. When I did a google search, this quotation popped up over and over again: “Never, never be afraid to do what’s right, especially if the well-being of a person or animal is at stake. …
Continue reading “What Martin Luther King DIDN’T Say”
CONTINUE READINGNewsflash: Not All Climate Stories are Dismal, Scientists Actually Try to Discover the Truth
Methane Leaks Not Caused by Human-induced Climate Change,
NPR aired a story this week about what scientists thought, in 2008, were ominous signs of a warming ocean. Churning bubbles of methane — a very potent greenhouse gas — were pouring out of the ocean floor in Arctic Norway. Scientists theorized that as the globe and the oceans warmed, the methane trapped in the …
CONTINUE READINGAn Ounce of Prevention
Can inherently safer technology save us from chemical accidents and terrorists?
As Benjamin Franklin famously said, “an ounce of prevention is worth a pound of cure.” Franklin’s comment, originally made in reference to home fire safety, is characteristically timeless. Today, many are looking to the principle of prevention as a way to reduce the incidence and severity of chemical plant disasters. The threat of chemical disaster …
Continue reading “An Ounce of Prevention”
CONTINUE READINGClimate Standing with a Twist
Rather than prove they will be specifically harmed by increased carbon emissions, plaintiffs can use other kinds of harm as a basis for climate standing.
Plaintiffs got a Christmas present from the D.C. Circuit in the form of a pathway to prove standing in climate change cases. The Supreme Court has considered two cases dealing with standing to sue based on injuries caused by climate change. The Court found standing in one case 5-4 and split 4-4 in the second …
Continue reading “Climate Standing with a Twist”
CONTINUE READINGTen Energy Stories to Watch in 2014
What will shake the energy world this year?
In our energy law classes at Cal, we like to start the day by talking about Energy in the News. The media never fails us. Every day, there are multiple energy-related stories of significance touching on resource development, new technologies, policy shifts, jobs, regional politics, prices, international relations, or the environment. Once you start looking …
Continue reading “Ten Energy Stories to Watch in 2014”
CONTINUE READINGThe Food Safety Paradox
As Tom McGarity documents in his recent book, Freedom to Harm, the American food safety system is in disarray. You’d think we’d all be wiped out by food poisoning. Yet, the rate of sickness caused by bad food seems to have remained constant since the mid-nineties. What’s going on? McGarity and others are right about the …
Continue reading “The Food Safety Paradox”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
