Region: National

Whose Interests Count? And How Much?

Whether to consider harms to foreign countries and future generations is controversial. So is how much weight to give harm to the poor.

Should regulators take into account harm to people in other countries? What about harm to future generations? Should we give special attention when the disadvantaged are harmed? These questions are central to climate policy and some other important environmental issues. I’ll use cost-benefit analysis as a framework for discussing these issues. You probably don’t need …

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An Abundance Research Agenda

If we need to build lots of things fast to address climate and housing crises, how will we do that?

There’s been a lot of buzz about this column by Ezra Klein in the New York Times.  Klein’s basic argument: We need to do a lot of infrastructure and other development projects to make the world a better place.  For example, we’ll need to build power lines and renewable projects to address climate change.  But …

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Will public power advance decarbonization?

Increasing public control of energy systems may not facilitate decarbonization

Over the past few years, there has been a push in both Europe and the United States for a “Green New Deal” in which decarbonization efforts would be pushed by aggressive, direct government investments in clean energy technology and infrastructure.  But in much of the United States and in Europe, large portions of the electricity …

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Advancing renewables through electricity restructuring

Reducing barriers to siting new electricity generation can help advance renewable energy production

Our electricity system will be crucial to decarbonization efforts, both because much of our current energy comes from electricity, and because decarbonizing sectors like transportation will require significant electrification.  And electricity is the sector where we have had the most success in decarbonization so far in the United States. But there is still more to …

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Protecting the federal estate

Understanding the Property Clause’s location in Article IV clarifies the power of Congress and the federal government to protect public lands

In my previous blog post, I discussed how the location of the Property Clause in Article IV can help answer key debates about congressional versus executive power under the Clause, as well as federal versus state power under the Clause.  Here I want to draw on the principles I developed in the prior blog post: …

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Taking Article IV Seriously

How “horizontal federalism” can help us understand federal power over the public lands

Can the President unilaterally end fossil fuel leasing on federal lands?  Or does this policy decision require Congressional intervention?  Can the President unilaterally terminate existing National Monuments that protect federal public lands from development?  Or does this policy decision also require Congressional intervention?  Does federal law preempt state law on federal lands?  Or does the …

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Our Common Ground

New book on history of federal public lands is an essential contribution

America’s public lands are a national, and even international, treasure.  Over a quarter of the United States is owned and managed by the federal government.  Public lands provide recreational opportunities for all Americans.  They provide valuable habitat for species and ecosystems.  They provide important natural resources, such as timber and minerals, that are both important …

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After the Court Rules: Gaming out Responses to a Cutback in EPA Authority

The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?

In West Virginia v. EPA, the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. The ruling will also restrict EPA’s future options. The big question is what the Biden Administration …

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My Kind of Town

Climate change is coming to Chicago and Lake Michigan.

“My kind of town, Chicago is my kind of town.” Or so Frank Sinatra sang. I’m not sure he really felt that way himself, but the song rings a chord with me.  I didn’t grow up in Chicago but we visited frequently to see my parents’ families. Chicago is also, as it turns out, ground …

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How Cohesive Are the Conservative Justices?

Signs of internal tensions within the conservative supermajority could be good news for environmental protection.

Back in the days of the Soviet Union, people known as Kremlinologists used to try to figure out what was going on behind the scenes by seeing who was standing next to whom in official photos. We have a bit more visibility into the Supreme Court, but only a bit. That being said, there are …

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