California Sup Ct Lets California Continue Its Cap and Trade Work

The California Supreme Court issued an order today that allows the California Air Resources Board (CARB) to continue implementing its cap and trade program. The history here is somewhat convoluted.   The state's plan (called the scoping plan) to implement the California Global Warming Solutions Act contains within it a cap and trade program.   A group of environmental justice advocates has long opposed cap and trade as a means to reduce greenhouse gases and voice...

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Regulatory Uncertainty & Jobs: The Evidence

It remains a common refrain that regulatory uncertainty is causing joblessness.  The evidence indicates that this is simply wrong.  Consider three major facts. First, as Think Progress has pointed out, unemployment is currently lowest in health care, extractive industries, and the financial sector -- exactly the areas where there is the most on-going regulatory effort. Second, the Economic Policy Institute reports that the percentage of small business owners who repo...

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Happy New Year from Ecclesiastes

To all who are celebrating Rosh Hashanah, a big Happy New Year from Legal Planet. And what would a Jewish holiday on a legal website be without a text?  In this case, the text is Kohelet Rabbah, the 8th Century CE rabbinic commentary on the Book of Ecclesiastes.  The rabbis read Ecclesiastes' line (7:13), "See the work of God..", and commented: When the Holy One, Blessed be He, created Adam, He took him and caused him to pass before all the trees of the Garden of Eden...

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Accounting for The Harm of Coal

Much of the effort to rollback current EPA regulations focuses on coal-fired electrical power plants.  An article in the August issues of the American Economic Review sheds light on the issues at stake.  "Environmental Accounting for Pollution in the United States Economy" is an effort to assess the damages caused by various polluting activities. The findings show that, contrary to current political mythology, coal is underregulated.  On average, the harm produced by...

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California Governor Brown Signs CEQA Reform Bills

Today California Governor Jerry Brown signed into law legislation amending the California Environmental Quality Act (CEQA) to facilitate construction of both a major new sports stadium in downtown Los Angeles and large "environmental leadership development projects" involving financial commitments of at least $10 million and that incorporate substantial urban infill or renewable energy components. This controversial legislation, enacted in the waning hours of the Califo...

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Secret Synagogue Reading for Environmentalists

As the Jewish High Holy Days approach, it is of course time for thinking deeply about.... what books you will read in shul during services.  Rabbis extol Rosh Hashanah Mussaf as liturgical brilliance, but the rest of us find it to be spiritual chloroform. Well, fortunately enough, the Jewish environmentalist literature has gotten better over the last several years, and here are a couple you can sneak into the sanctuary without feeling guilty (an important side bene...

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A Setback for Clean Ports

Hot off the presses, the Ninth Circuit has partially reversed Judge Christina Snyder's order in American Trucking Ass'n v. City of Los Angeles, an important environment-labor-pre-emption case that I blogged about a little more than one year ago. The case concerns the Port of Los Angeles' "Clean Ports" program, which, among other things mandates a series of quite specific environmental standards for truck operators at the Port.  The ATA argued that the Program was pre...

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The Roots of Climate Skepticism

Scientists recently discovered a planet made of diamond, an amazing discovery.  One of them has commented on how well that scientific discovery was received, as opposed to research on climate change: Our host institutions were thrilled with the publicity and most of us enjoyed our 15 minutes of fame. The attention we received was 100% positive, but how different that could have been. How so? Well, we could have been climate scientists. Imagine for a minute that, instead...

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TRAIN Wreck!

My last short post on jobs and regulation turns out to be particularly timely. The House just passed the TRAIN bill, as E&E reports: Passing largely along party lines, 249-169, the "TRAIN Act" (H.R. 2401) would delay new U.S. EPA rules for mercury, sulfur dioxide and nitrogen oxides, while creating a new Cabinet-level panel to study the cumulative effect of about a dozen rules on the economy (Greenwire, Sept. 23). The bill was amended to require EPA to consider the ...

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Jobs & Regulation Revisited

Blake Hudson called my attention to a nice post on this subject at ProPublica.  The post has links to two very interesting documents. The first is to a Census Bureau report showing that hardly any employers attribute layoffs to regulatory burdens.  The other is to a very careful study by Dick Morgenstern, a highly respected environmental economist, which found a possible small but positive effect of regulation on jobs: We find that increased environmental spending gene...

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