The Mythical Threat of a Regulatory Deluge
Conservatives are now spreading the myth that, if the country fails to elect Mitt Romney, the aftermath will be a deluge of federal regulations. Republican state attorney generals are hitting the campaign trail to this fear of a coming regulatory flood in a post-Romney world. (here). This myth has been debunked by Cass Sunstein, who just stepped down as regulatory czar. Before he went to Washington, he dedicated much of his academic career to singing the praises of ...
CONTINUE READINGThe Top Ten Problems with Romney’s Energy Proposal
10.It is based on the most optimistic possible projections of expanded oil and gas production. 9. It relies primarily on job predictions in a Citigroup report that -- according to the report itself -- are “based on sweeping assumptions” and possibly “optimistic.” 8. It would put huge profits in the pockets of Romney’s oil company contributors. 7. It muddles accountability by giving states power over activities on federal lands while the federal governmen...
CONTINUE READINGThe D.C. Circuit’s Activist Ruling on Interstate Pollution
About ten days ago, the D.C. Circuit struck down EPA's effort to establish a cap-and-trade system for pollutants that cross state lines. Now that I've had a chance to read the lengthy opinion in EMR Homer City Generation v. EPA, I'm struck by the aggressiveness of the court's intervention, which goes well beyond the customary degree of judicial oversight over agencies. The court comes perilously close to writing the rule itself (not to mention rewriting the statute). So...
CONTINUE READINGParty Differences on Energy and Environment: A Side-by-Side Comparison
After I posted a description of the Republican platform, a reader suggested that a side-by-side comparison would be helpful when the Democratic Platform came out. Here it is, presented as objectively as I could. Subject Democratic Platform Republican Platform Regulatory reform Give president power to reorganize agencies. Congressional approval required for all major rules. Regulatory reform Review all existing regulations to determine which are outdated....
CONTINUE READINGA Capitol Hill Briefing on Electric Vehicle Policies, Monday, September 10th (Webcast Available)
Legal Planeteers in the Washington DC area are invited to join the environmental law centers at Berkeley and UCLA Schools of Law as we present a lunchtime, Capitol Hill discussion on policies necessary for long-term, mass adoption of electric vehicle technologies. This free event is sponsored by Congressman Henry Waxman's office and will also be available by webcast. The briefing will include a panel discussion with electric vehicle experts and industry representatives ...
CONTINUE READINGHow to Protect the Environment: Views from the Right
Duke will be holding a very timely event on conservative visions of environmental law. Everyone knows what forms of environmental protection conservatives oppose, but conservative alternatives are less widely known. This is a welcome opportunity to hear ideas about an affirmative conservative vision. (Details and registration information here.) The speakers will include, among others, Jeff Holmstead (EPA Assistant Administrator for Air under George W. Bush, current e...
CONTINUE READINGSome Economics of the Green Partisan Divide
I would like to offer a couple of thoughts about Dan's post today. To keep this entry short and sweet, I will invoke some stereotypes. In my economic model, there are two types of people; "Laura the Liberal" and the other is "Chuck the Conservative". I want to sketch their two lifestyles and tell a dynamic story and then link this back to the political economy of support for environmental regulation. This narrative will also allow me to plug several of my re...
CONTINUE READINGLike a Bridge Over Troubled Water: Crossing the Partisan Divide on Environmental Issues
A national holiday is a good occasion for thinking about national unity. Reading the GOP platform, you might well conclude that there is absolutely zero hope for bipartisanship on environmental issue. The platform angrily accuses the Obama Administration for pursuing environmental regulation at all costs, heedless of huge economic burdens. The platform also leaves no opportunity unturned for rolling back environmental protections, with a whole bevy of deregulatory ...
CONTINUE READINGThe Fairness of Using the Gas Tax to Support Transit
A lot of people are out driving on this Labor Day weekend, which means buying gas and paying the gas tax that's included in the price. As it happens, last week, the GOP adopted a platform condemning the use of the highway fund to support transit. The platform seems to reflect conservative fairness concerns, like the complaint that "the portion of gas taxes that funds mass transit is an immoral tax" because it is "wrong for mass transit riders to take the money of ...
CONTINUE READINGPosner versus Scalia Smackdown!
Environmental law revolves around statutes, so the topic of statutory interpretation is crucial for lawyers in the field. For the past thirty years, Justice Scalia has promoted an approach called textualism, which purports to provide an objective method of interpreting laws. This approach often, though not always, leads to narrower reader of statutes than broader approaches that recognize Congress's intent to protect the environment. Judge Richard Posner has published...
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