How to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors

A scandal at the California Public Utilities Commissions brings a questionable practice to light.

The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex parte meetings – to the contrary, most commissioners and their advisors encourag...

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Killer Coal

Black lung has been the underlying or contributing cause of death for more than 75,000 coal miners since 1968, according to NIOSH, the federal agency responsible for conducting research on work-related diseases and injuries. Since 1970, the Department of Labor has paid over $44 billion in benefits to miners totally disabled by respiratory diseases (or their survivors). The annual death rate from mining accidents is 20-25 per 100,000, about six times the average industry...

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Property Rights and California Raisins: Headed to the Supreme Court–Again

Justices To Rule on Whether Feds' Depression-Era Agricultural Regulations Unconstitutionally "Take" Farmers' Property Without Compensation

The media and U.S. Supreme Court watchers have understandably focused on the justices' order yesterday agreeing to review the constitutionality of state same-sex marriage bans--automatically making it the "blockbuster" issue before the Court this Term.  Largely overshadowed by that news was the justices' contemporaneous decision to revisit the interrelated issues of property rights, the Takings Clause of the U.S. Constitution and the respective rights of federal regulat...

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The Hottest Year (So Far)

Scientists at NOAA and NASA announced the 2014 was the hottest year since systematic record keeping began in 1880.  This is all the more striking because 2014 wasn't a strong El Nino year, when you expect especially warm global temperatures. If you leave on the East Coast or in the Midwest, you may not have noticed any warmth -- the eastern U.S. was the one land-area on earth that had a relatively cool year.  But the Western U.S. had very hot temperatures, making droug...

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America’s Future on the California Supreme Court

I'm not sure that anyone has pointed this out before: as of last week, when Justices Mariano-Florentino Cuellar and Leondra R. Krueger were sworn, the California Supreme Court does not have a single white male. I believe that that is the first time in US history where that has happened on a high court in any of the 50 states, including Hawai'i (and obviously for the US Supreme Court as well). That is the demographic direction in which the nation is headed. And lots of pe...

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Public Opinion and Energy Politics

Pew published some intriguing polling results on energy issues just before Christmas. Americans have clearly noticed falling prices at the gas pump, but only half realize that U.S. oil and gas production has soared.  So far, the changes haven't affected policy views: a large majority favors expanding use of alternative energy, but solid majorities continue to favor the Keystone pipeline and expanding drilling on federal lands and offshore.  (I suspect, however, that th...

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Is EPA Delaying Clean Power Plan Rule to Modify the Proposed Rule for New Power Plants?

EPA announced this week that it will delay issuing both its final Clean Power Plan for greenhouse gases emitted from existing power plants as well as proposed rules for new coal and natural gas fired plants.  The agency said it needs the extra time to respond to the 4 million comments it received and to coordinate "a suite of rules that takes into account any and all of these cross-cutting issues."   Observers have speculated that one reason for the delay is to prevent...

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California Finally Breaks Ground On High Speed Rail Today

Six years and many lawsuits and political compromises after voters approved it

It's been over six years since California voters approved a bond measure to fund a two-hour-and-forty-minute Los Angeles to San Francisco high speed rail system. Today groundbreaking finally takes place in Fresno. In the intervening six years, lawsuits and political compromises have delayed the system and likely made the timetables promised to voters impossible to achieve. And even if all goes well, the system won't fully connect Los Angeles to San Francisco until 2028, ...

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Governor Brown Calls For California To Achieve 50% Renewables By 2030

Inaugural address has specifics for climate and energy policies

Jerry Brown was inaugurated today for his record fourth term as governor of California, and his address offered refreshing specifics on his environmental and climate goals: In fact, we are well on our way to meeting our AB 32 goal of reducing carbon pollution and limiting the emissions of heat-trapping gases to 431 million tons by 2020. But now, it is time to establish our next set of objectives for 2030 and beyond. Toward that end, I propose three ambitious goals to...

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The (Mostly Happy) Effects of Falling Oil Prices

The rapid fall in oil prices seems to have taken everyone by surprise.  I've noted before that it puts the viability of the Keystone XL project in doubt.  But its other effects are worth considering. Overall, the fall in prices should have a beneficial effect on the U.S. economy.  Since gasoline is cheaper, people can buy the gas they need and have money left over to increase spending on other things, as if they had gotten a tax cut.  The flip side is that produce...

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