EPA and the social cost of carbon

This is Part I of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation.  The social cost of carbon (SCC, for policy wonks) represents the cost, in today's dollars for the harm of emitting a ton of carbon dioxide equivalent gas into the atmosphere. Recently, the U.S. Office of Management and Budget (OMB) released an update to its SCC estimate, increasing the cost from $21 to $35 per metric ton. That ...

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The Long, Slow Path to Improved Air Quality Standards

The regulatory process can be slow and tortuous. Consider the case of air quality standards. Since 1997, EPA has had separate air quality standards for fine particulates, technically called PM2.5.  These tiny particles can penetrate deep into the lungs, making them a special public health concern.  EPA has revisited the standard twice, in 2006 and 2012.  The law actually requires the standards to be reviewed every five years, so we really  should have had three revis...

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The Strange World of the Small Business Administration

When you say “small business,” most people probably imagine a mom-and-pop corner grocery.  Actually, the SBA’s concept of small goes well beyond that.  For instance, it includes a computer business that does up to $25 million per year in business. A convenience store can do $27 million and still be considered “small,” while a grocery store can go up to $30 million. If you’re in parts of the financial sector, you can do $175 million in business a year and st...

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Noisy Cities and the 1%

The NY Times has published a great piece about noise pollution dynamics in New York City.  Noise is a classic urban externality as it is a byproduct of productive activity such as airplanes landing,  flying a helicopter to the Hamptons, or erecting a new building, or a subway arriving, or a motorist honking her horn or a biker accelerating his "hog" or a HVAC system working extra hard on a summer day.   Nobody (perhaps excluding the biker) enjoys creating this noise b...

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The House GOP Takes a Courageous Stand Against Food Safety

It takes guts to oppose food safety.  But that's no problem for the House GOP.  According to the NY TImes, today's House farm bill wasn't content to eliminate food stamps, it also took aim at food safety: One overlooked provision in the bill came from Representative Dan Benishek, Republican of Michigan, a surgeon, and would require additional economic and scientific analyses before a 2010 law to improve the food safety system goes into effect. A spokesman for Mr. Benis...

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Sierra Club Entitled to County’s GIS Database Under California Public Records Act, Says California Supreme Court

Back in the day, when I toiled in the California Attorney General's Office, I served a stint supervising the unit of that Office that oversees litigation involving California's "little Freedom-of-Information Act," officially known as the California Public Records Act (PRA). My standing advice to my attorney colleagues was never to allow a case to reach the appellate courts in which we were defending government's denial of public disclosure requests under the PRA. Why? ...

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Climatopolis Revisited

Back in 2010, I published my book Climatopolis.  This book presents a free markets approach for thinking about how we will adapt to the very real threat of climate change.  I argue that urbanization, innovation, migration, competition and economic growth will play crucial roles  in protecting us from a scary emerging challenge.   I discuss cases when government policy will aid adaptation and other cases when it will unintentionally impede adaptation.   I sketch a re...

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Place Based Subsidies are the Wrong Way to Adapt to Climate Change

The NY Times wrestles with whether tax payers should be paying for the  protection of coastal Queens, NY.  I agree with Mr. Goldstein; Eric A. Goldstein, a senior lawyer at the Natural Resources Defense Council, an environmental advocacy group, said he was sympathetic to Broad Channel and understood why residents have been lobbying hard for aid. “The problem is, they have picked a spectacularly beautiful but increasingly impractical and dangerous place to live,” ...

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Sore Winners

The government has filed a cert. petition in an environmental case (EPA v. Friends of the Everglades) with a really interesting procedural wrinkle.  There's more background about the case after the jump, but you don't really need the details to understand the main issue. Here's what you do need to know: 1.  After EPA issued its regulation, various parties filed petitions for review in the court of appeals asking to have the regulation struck down. 2.  The parties wh...

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Bombs Bursting in Air: Environmental Regulation of Fireworks

It seems only fitting as we approach the Fourth of July holiday to turn our attention to the environmental impacts and regulation of fireworks.  As it turns out, our age-old patriotic tradition of exploding packages of toxic chemicals in the air is not without its environmental drawbacks.  Although much is still unknown about the environmental consequences of fireworks displays, it is clear that fireworks can adversely impact water quality, air quality, biological re...

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