Eyes Closed, Minds Shut Tight

According to a recent article in the American Sociological Review, rejection of science is on the rise: Just over 34 percent of conservatives had confidence in science as an institution in 2010, representing a long-term decline from 48 percent in 1974, according to a paper being published today in American Sociological Review. That represents a dramatic shift for conservatives, who in 1974 were more likely than liberals or moderates (all categories based on self-identif...

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Sagebrush rebellion, version 3.1

Some things never seem to change, including the (interior) West's frustration over the extensive federal land holdings in the region. If you're old enough, you might recall the Sagebrush Rebellion, which peaked about 1980 with the election of Ronald Reagan, a self-declared sagebrush rebel. (If you want to bone up, the Forest History Society offers a good concise timeline.) In the 1990s there was the County Supremacy movement, which ended when the U.S. successfully sued...

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The Supreme Court Strikes Down the Clean Air Act

Not, not really.  Not yet. Dan is a much more generous person than I am, and so it should be unsurprising that he believes that the Affordable Care Act cases do not threaten environmental law.  I respectfully dissent. The Affordable Care Act seeks to establish laws for the health insurance industry -- an industry that comprises one-sixth of the American economy.  In order to do that, it establishes a number of regulations that even its opponents concede are perfec...

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Will California’s Cap and Trade Program Stimulate Innovation?

Holly's latest post about a new study showing that cap-and-trade programs have not led to technological innovation ends with a cautionary note that raises the key question about innovation and cap-and-trade programs to reduce greenhouse gas emissions: These results [showing no innovation] don't mean that cap-and-trade has no role to play in policies directed at climate change or other problems whose solution requires innovation.  But they emphasize one more time the ne...

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Pollution markets haven’t stimulated innovation

One of the early claims in favor of a cap-and-trade approach to pollution control, as opposed to traditional command-and-control innovation, was that market incentives would better encourage innovation in pollution control techniques and technologies. On the other hand, legal scholars such as David Driesen have long contended that pollution markets can actually reduce innovation incentives. Now an empirical study by Margaret Taylor of Berkeley's Lawrence Berkeley Nation...

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New Forest Service planning rule highlights the tension between flexibility and accountability

The Forest Service has now finalized the new planning rule it proposed a year ago. The final rule with preamble runs more than 240 pages. I haven't yet plowed through it. The blog A New Century of Forest Planning is reporting reactions from a variety of sources. So far, there seem to be a lot of general statements of support, with the unsurprising proviso that the devil will be in the implementation details. The thing that pops out at me about the new rule is the extent...

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More Trouble at Fukushima

According to the Washington Post, the situation inside the reactors is grim. Tuesday’s examination with an industrial endoscope detected radiation levels up to 10 times the fatal dose inside the chamber. Plant officials previously said more than half of melted fuel has breached the core and dropped to the floor of the primary containment vessel, some of it splashing against the wall or the floor. Particles from melted fuel have probably sent radiation levels up to dan...

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EPA Unveils Carbon Standard for New Power Plants

This morning, U.S. EPA released its anticipated rule limiting carbon dioxide emissions from new power plants.   The proposed Carbon Pollution Standard for New Power Plants under Section 111 of the Clean Air Act purports to set national limits on the amount of carbon pollution new power plants can emit. Today we’re taking a common-sense step to reduce pollution in our air, protect the planet for our children, and move us into a new era of American energy, said EPA Adm...

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What Will the Outcome of the Health Care Case Tell Us About Environmental Law?

This week's oral arguments will be carefully parsed for signs of how the Supreme Court will rule about the constitutionality of the Health Care Act.  If the Administration wins the case, this will be largely a confirmation that the majority of the Court prefers to follow firmly established existing precedent.  If it loses, the outcome will be a signal that the Court has moved into an activist conservative phase, which is probably not a good sign for how it will view en...

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Wish-I’d-Said-That Department

Slacktivist (h/t RBC): The nefarious global conspiracy promoting the climate-change hoax continues to spread: The oceans are in on it. So are the maple trees of New England. And both Dakotas....

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