Murkowski seeks to block EPA GHG regulation

Alaska Senator Lisa Murkowski has introduced a resolution under the Congressional Review Act to disapprove EPA's Clean Air Act endangerment finding for greenhouse gases, which in turn would remove the basis for Clean Air Act regulation. It's not going to pass or be signed by the President, of course, but the resolution is designed to put supporters of climate change legislation on the defensive. The Democrats can't simply bury this resolution, because the CRA allows 30 s...

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Massachusetts’ Special Election & the Prognosis for U.S. Climate Change Legislation

Colleague Jonathan Zasloff recently opined on this site that Scott Brown's election to the open U.S. Senate seat from Massachusetts could actually be good news when it comes to prospects for passage of federal climate change legislation. Let me file a congenial dissent to Jonathan's prediction, though one that--like his--contains some seeds of optimism. I adhere to the much more conventional view that Tuesday's special election results from the Bay State make it even le...

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Interior IG faults Arizona in death of Macho B

Nearly a year ago, Arizona game officials captured, radio-collared, and released Macho B, an endangered jaguar. Shortly thereafter, he was recaptured, and euthanized. The events surrounding Macho B's capture and death remain under criminal investigation by federal authorities. This week, the Department of Interior's Inspector General weighed in, issuing this report of the separate investigation it conducted at the request of Representatives Raul Grijalva (D-AZ) and Nic...

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Why Scott Brown’s Victory Helps Climate Legislation

Really.  The debacle in Massachusetts may have turned the Democrats into a bunch of sniveling, spineless wimps -- or simply reaffirm their identity as such -- but it might actually help climate change legislation. How?  A one-word answer: reconciliation. A budget reconciliation bill cannot be filibustered: according to the Budget Act of 1974, the Senate is limited to 20 hours of debate on it.  It does not get rid of the filibuster because you cannot put everything i...

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Singin’ the California Delta Blues (Muddy Waters Ahead?)

The first time I heard the phrase "California Delta" I thought it was a joke, or maybe a reference to some kind blues hotspot.  But there really is a California Delta, and it's vitally important to the state's water supply.  It also raises major environmental issues.  The struggle to manage the Delta has also given rise to one of the most ambitious experiments in collaborative governance anywhere -- an experiment that had some successes but ultimately seemed to hit ...

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Of the Corporations, By the Corporations, and For the Corporations?

Today’s decision in Citizens United was something of a foregone conclusion.  Still, it was a bit breathtaking.  The Court was obviously poised to strike down the latest Congressional restrictions on corporate political expenditures.  But the Court went further and struck down even restrictions that had been upheld thirty years ago.  Seldom has a majority been so eager to reach out, address a question that wasn’t presented by the parties and overrule a bevy of pri...

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A Hard Rain’s Gonna Fall — and Then Get Wasted

A friend from New York, recently transplanted to Los Angeles, has watched aghast as, again and again, weather reporters have greeted any local rainfall more than 1" with feverish STORMWATCH headlines.  That said, the Southland got hit with quite a storm these last 48 hours. "Well," say most Angelenos unaccustomed to precipitation.  "At least we could use the rain."  Except that we can't. The vast majority of the city's rainfall picks up all kinds of pollutants fro...

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Moving Forward With Cap-and-Trade in California

In 2006, the California Legislature enacted the Landmark Global Warming Solutions Act (AB 32), which authorized--but did not compel--the California Air Resources Board to adopt a cap-and-trade program as part of a comprehensive strategy to reduce state greenhouse gas emissions. A year ago, CARB adopted its AB 32 "Scoping Plan," in which it commits to cap-and-trade as an integral part of its GHG mitigation strategy; that cap-and-trade program will cover fully 85% of Ca...

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Never Underestimate California’s Idiocy

Ann thinks the neanderthals attempting to repeal AB 32 won't get the signatures to put the thing on the ballot.  I hope she's right, but given my general pessimism, I'd be willing to bet otherwise. Climate change regulation is like catnip to the Teabagger set.  It is a vast left-wing conspiracy to destroy capitalism and otherwise regulate our Precious Bodily Fluids.  All it takes is one impassioned appeal from Glenn Beck or Sean Hannity, with a website or 1-800 numb...

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The Supreme Court Backs Off on Consumer Protection and (Maybe) the Environment

In a decision issued last week, the U.S. Supreme Court continued to chip away at consumer protections embedded in the Federal Power Act, and it is the environment that ultimately may take the biggest hit. First, let’s consider those consumer protections.  The Federal Power Act requires the Federal Energy Regulatory Commission (FERC) to ensure that rates charged for electric power service are just and reasonable.  Traditionally, that meant that rates had to reflect t...

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