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...
CONTINUE READINGEnvironmental Haiku for Summer
Just for amusement: Environmental haiku On a summer day. ____________ Across the hilltops, Slowly wheeling their white blades, Stand lines of windmills. ____________ A nap in the shade, Dreaming that new studies make Fox News fall silent. ____________ “Global climate change” – A long and abstract title For a world in pain. ____________ A beautiful day, But don’t spend your time outside: High ozone levels!...
CONTINUE READINGEPA Sends Climate Rules for New Power Plants to OMB
Though I was somewhat skeptical that the Obama climate plan unfurled last week included much new, I've also argued previously that if the administration uses its extensive power under the Clean Air Act to regulate both new and existing power plants, the President will really have accomplished something on the climate change front. It looks like EPA is moving quickly to put the President's commitment into action. EPA has apparently sent revised rules for new power pla...
CONTINUE READINGThe Bogus Trade-Off Between the Environment and Jobs
Paul Krugman has a NY Times column arguing, from a Keynesian point of view, that Obama's climate change program won't cost jobs. One of my posts a couple of years ago suggested the same idea: in a slack economy, regulatory requirements are a form of stimulus that can actually create jobs because industry has to spend money to comply. That seems very plausible, if you're a Keynesian and think the cause of our current problems is a shortfall in public and private sp...
CONTINUE READINGKoontz and Exactions: Don’t Worry, Be Happy
As Rick pointed out the other day, with Koontz v. St. John's River Water Mgmt. Dist., the Supremes finished their Takings trifecta for this term, with unsurprisingly the plaintiff winning in all three cases. Koontz raised two issues: 1) do Nollan and Dolan apply when the government simply denies a permit, as opposed to attaching conditions to it?; and 2) do they apply to monetary exactions. The Court said yes on both counts. In today's New York Times, John Echever...
CONTINUE READINGNo Keystone XL If It Would Increase Greenhouse Gas Emissions?
In his much-anticipated speech on climate policy, President Obama made an important statement about the approval process for the controversial Keystone XL pipeline project. He said that the project should not be approved if it would if it would "significantly exacerbate the problem of carbon pollution." One question that this raises is whether the same standard would be any less applicable to other project approvals at the federal level. How about drilling leases? New ...
CONTINUE READINGSupreme Court Rules for Property Owner in Koontz v. St. Johns River Water Management District
The U.S. Supreme Court today decided Koontz v. St. Johns River Water Management District. But unlike the previous two, unanimous Takings Clause rulings issued this Term by the justices in Arkansas Game and Fish Commission v. United States and Horne v. Department of Agriculture, the decision in Koontz reflected a sharply divided Court, in a 5-4 vote. Koontz also appears to be the most significant of the Supreme Court's three takings decisions this year. As previewed in e...
CONTINUE READINGLots of Rhetoric, Not Much New in Obama’s Climate Plan
The Obama Administration just released a "Climate Action Plan" to accompany the speech the President will give this morning at Georgetown University. I applaud the President for delivering a speech devoted exclusively to climate change. But for all the hooplah surrounding the President's speech as "major," the measures he's proposed in the new plan to combat greenhouse gas emissions from power plants are nothing new. In fact, as far as I can tell, all Obama has...
CONTINUE READINGThe Social Cost of Carbon
I participated in a NPR interview on Marketplace on the topic of the "Social Cost of Carbon". A different way to say the same thing is; "What is the benefit of not producing another ton of carbon?" While President Obama will ask a "Dream Team" of economists and climate scientists to answer this question (and I hope their answer is somewhere in the range of $20 < X < $55), I have no idea how they will write down a credible methodology for justifying their favorit...
CONTINUE READINGWhy do we keep forgetting about adaptation?
An usual event occurred recently: One of the general-interest law professor blogs posted something about environmental law. In that post the following point of view about climate change was developed: We may well be causing climate change, but it's not clear there's anything we as individuals or we as a country are really equipped to do about it. So much of the damage is already done, and so much of the future damage will be caused by activities that the United States ...
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