Confessions of a Regulatory Czar
The official title of the White House's regulatory czar is deceptively abstruse, the Director of the the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget (OMB). But OIRA plays a crucial role in government policy by reviewing all major proposed regulations. Environmentalists have long decried OIRA as a place where good regulations go to die. Defenders of OIRA have made two key arguments. One is based on OIRA's formal mi...
CONTINUE READINGDworkin Does Dallas
The death of Ronald Dworkin last week was not merely an event for legal philosophers, but really for anyone concerning with the law, for Dworkin might have been the pre-eminent legal theorist of the last century. The legacy of his ideas is too broad and deep for a blog post, but his notion of law-as-integrity has always seemed to me particularly vital for anyone concerned with legal development. Cass Sunstein sums it up nicely: Dworkin introduced an arresting metap...
CONTINUE READINGStill More About the Keystone XL Pipeline
I am opposed to the construction of the Keystone XL pipeline. Nonetheless, I find myself somewhat in disagreement with my blogging neighbor Jonathan Zasloff on this one, and somewhat in agreement with Joe Nocera. Yes, as Nocera argues, as long as there is demand for oil, energy producers will keep looking for new supplies to exploit. But there is a tragic flaw underlying the assertion that we might as well take the tar sands oil because, if we don’t, somewhat else wil...
CONTINUE READINGHow Not to Write About Keystone XL
I've always liked the work of New York Times columnist Joe Nocera, ever since his days as an investigative reporter for the Texas Monthly. He doesn't come to a topic with an axe to grind, and tries to see through the cant. But I think he just got snookered. In Nocera's recent column on the Keystone XL project, entitled "How Not to Fix Climate Change," he attacks the likes of Bill McKibben, Michael Brune and James Hansen for their opposition to the project. Here...
CONTINUE READINGOMB’s Dubious Claim to Regulatory Expertise
The head of OIRA – the Office of Information and Regulatory Affairs at OMB– is often called the White House’s regulation czar. OIRA is charged with reviewing the cost-benefit analysis of all major government regulations. This task is all about economics. Yet OIRA has never established the kind of reputation for economics expertise held by other governmental bodies like the Council of Economic Advisors, the Treasury Department, the Federal Reserve banks, or the ...
CONTINUE READINGWhy 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 READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
