Why is Each Sequel Worse Than the Last?
Some movie franchises last way too long: Friday the 13th, Rocky, Nightmare on Elm Street. Each new film is worse than the last, and they're all worse than the original, which wasn't so great itself. The GOP war on energy=efficient light bulbs has the same characteristic -- you wish someone would just drive a stake through its heart and kill it. Only in America could a political party make wasting energy a core element of its core creed. This year's version was ju...
CONTINUE READINGSanders/Boxer carbon tax
Sens. Bernie Sanders and Barbara Boxer released today a pair of bills meant to increase the price of carbon in the United States. (Bill summary; carbon tax bill; fuel subsidies bill) The "Climate Protection Act of 2013" would impose a fee of $20 per ton (carbon or methane equivalent) on coal, petroleum, natural gas and other fossil fuels. In other words, it would impose the fee on upstream producers (coal mines, oil refineries, etc.). The fee would increase 5.6% p...
CONTINUE READINGGreen Guinea Pigs and the NY Times
There is an interesting debate playing out between Tesla's boss (Musk) and the NY Times. A prominent NY Times reporter (Broder) took a Tesla electric vehicle for a spin and wrote a negative review. Anticipating the nasty PR consequences, Musk has gone nuclear. Here is an article providing links. In my academic work and my blogging, I have often written about "greens" as "guinea pigs". California's AB32 can be viewed as an enormous field experiment. Progressi...
CONTINUE READINGDonald Rumsfeld’s Tips for Law Teachers
Today in Land Use class, I had an abysmal time attempting to teach Avco v. South Coast Regional Comm'n, a 1976 California Supreme Court case that is crucial in understanding the "vested rights" doctrine. Avco holds that a developer has vested rights to develop only when 1) it relies on a permit; and 2) has undertaken substantial work in reliance on that permit. Seems simple enough, right? Not really: in the case, the plaintiff had a vested right to keep doing the pr...
CONTINUE READINGThe State of the Union — Energy and Climate Change
A very lengthy discussion of energy-- some good language on energy efficiency and renewables, some not-so-good language about oil, but with an overall emphasis on technological innovation. Here's what the President said about climate change: And over the last four years, our emissions of the dangerous carbon pollution that threatens our planet have actually fallen. But for the sake of our children and our future, we must do more to combat climate change. Yes, it’s...
CONTINUE READINGIs California Fracking Regulation Out of Focus?
I've long been skeptical of the push that some on the left have made to ban hydraulic fracturing of natural gas. From an environmental perspective, I'd much rather have a natural gas-based fuel mix than one based on coal, and in any event, if there is that much money in the ground, people are going to go get it unless you can really show significant environmental damage (on which the jury is still out with fracking). But that hardly implies anything goes: the central ...
CONTINUE READINGTonight’s State of the Union (Plus “2013 SOTU Climate Change Bingo”)
Environmental policy wonks around the country: it’s time to order your vegan hot wings, purchase some organic beers, and don the uniform of your favorite political party (red or blue tie, of course)! Tonight is the (second) biggest television event of February: President Obama’s 2013 State of the Union. Obama is set to score major points with his environmentalist fans by picking up where he left off in his discussion energy and environmental issues during h...
CONTINUE READINGThe Death of Climate Legislation Revisited
Why did the push for climate legislation fail even though Democrats controlled Congress and the White House in 2008-2010 ? Theda Skocpol, a Harvard political scientist, addressed this issue in a controversial recent paper.. Matt Kahn and I have both blogged before about her paper (here and here). Now that I've had a chance to read the 150-page article more carefully, I have a few more observations. I can understand the angry reaction of people who were involved i...
CONTINUE READINGWhale Wars in the Courtroom
Earlier today, Sea Shepherd Conservation Society, an anti-whaling activist group—and the only environmental group with its own reality television series—petitioned the nation’s highest court. In its petition to the U.S. Supreme Court, Sea Shepherd seeks review of a December 17, 2012 injunction from Ninth Circuit Court of Appeals Judge Alex Kozinski that prevents the Sea Shepherds from “physically attacking any vessel engaged by the plaintiffs,” Japan’s Ins...
CONTINUE READINGBenedict XVI, Environmentalist Pope
Pope Benedict announced today that he is stepping down. As Pope, he was a strong supporter of the environment. For example, he has said this to say about sustainable development: The protection of the environment, and the safeguarding of resources and of the climate, oblige all leaders to act jointly, respecting the law and promoting solidarity with the weakest regions of the world (cf. no. 50). Together we can build an integral human de...
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