Making Climate Policy While Congress Sleeps
In our system of government, Congress is the institution with the greatest power to address issues of national importance. Unfortunately, Congress has been AWOL on the issue of climate change. The election has made it marginally more likely that Congress might wake up and take action on climate change, possibly even including a carbon tax as part of a budget deal. But the odds still seem to be strongly against any break in the congressional deadlock on this issue. ...
CONTINUE READINGOne Additional Legal Challenge To AB 32: Prop 26
One addendum to my post on new developments and cap-and-trade. I should have mentioned that Proposition 26 -- which tightened the 2/3s vote requirement for taxes to include fees -- may be the basis for another legal challenge to the cap-and-trade program. California voters approved Prop 26 in 2010. Unless Prop 26 is found to be retroactive, which the Emmett Center has previously concluded it should not be, any lawsuit challenging cap-and-trade on the grounds that i...
CONTINUE READINGNew Developments for Cap-and-Trade in California
There's big news for California's cap-and-trade program to control the state's greenhouse gas emissions on two fronts this week. Cara alluded to the first in her post this week about California Democrats gaining a supermajority in both houses of the legislature after Tuesday's election. The legislative development is important because the state legislature can probably take steps -- with a two-thirds vote -- to reduce legal vulnerability about whether cap-and-trade...
CONTINUE READINGWhat might the election mean for environmental law?
Three quick thoughts on the implications of the election for environmental law in general, and greenhouse gas regulation in particular: (1) Congress will matter less. A stronger Democratic majority in the Senate and a reelected Obama mean that the courts are probably the only thing standing between full implementation of EPA’s carbon dioxide regulations under the Clean Air Act. It will be that much harder for Republicans to peel off Democrats...
CONTINUE READINGClimate Change May Be More Severe Than Previously Expected
The Washington Post reports on a new study with grim implications about climate change. The study suggests that temperature increases by the end of the century will be at the upper end of predictions -- 8°F. (Keep in mind that this is the global average -- the change will be lower over the oceans but higher on land, and lower in the tropics than in temperate and polar regions.) The result would be "drastically higher seas, disappearing coastlines and more severe dro...
CONTINUE READINGOn the Nature of “Stuff”
In celebrating National Schadenfreude Day yesterday, I could not help noticing Bill O'Reilly's complex analysis of the election returns: "Voters want things. They want stuff. Who's going to give them stuff? Obama." Well. Actually, the government has given the wealthy "stuff" all the time. It gives them a whole plethora of specific tax breaks and credits. Indeed, one could argue that Bain Capital's entire model is based upon tax arbitrage -- a huge gift from the ...
CONTINUE READINGElection Day Shows the Need for Transit Tax Reform in California
Tuesday seems not have been a great day for local transit advocates in California. Measures to increase or extend tax measures for public transit failed in Los Angeles County (Measure J) and currently trail in Alameda County (Measure B1), with mail-in ballots still being counted. But when I say "failed," what I mean is they had overwhelming majority support. Such is the nature of democracy in California when Measure J, with 64.7% support, and Measure B1, currently ...
CONTINUE READINGNate Silver Denialism & Climate Change Denialism
It's perhaps unsurprising that some of the same people that deny the overwhelming data on climate change also happened to deny the overwhelming data presented by Nate Silver of the New York Times about the likely outcome of the election yesterday. Silver, the sports-statistician-turned-poll-analyzer, used aggregate poll data and analysis to show that Obama had consistent leads both electorally and in the popular vote. Many Romney supporters derided Silver and his for...
CONTINUE READINGCalifornia with Pavley and a Legislative Supermajority?
Some really good news from the California legislative election results for those in favor of innovative state policies on climate change. First, Sen. Fran "Clean Cars and AB 32" Pavley has won her tough reelection fight against challenger Todd Zink, who had attacked her for (among other things) being too far left on the environment. Sen. Pavley has authored and helped to pass some of the nation's most creative, forceful, and meaningful climate laws, including bo...
CONTINUE READINGThe Election Results and National Energy Policy
In trying to read the effect of the 2012 elections on national energy policy, there are at least five places to look: 1. Continuity at the Federal Energy Regulatory Commission One of the more dramatic changes that occurred during the first Obama term was a shift in the mission of the Federal Regulatory Commission. FERC fundamentally regulates wholesale power rates and electric power rates in interstate commerce. Since 1992, FERC has seen its primary mission as promoting...
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