Region: National
Public Opinion and the Limits of Climate Policy
There’s a simple reason why it’s so hard to take bold climate actions nationally.
Gallup has studied environmental attitudes in America for several decades. Their historical compilation is very revealing about our present political situation. It sheds light on why it’s been so hard to develop momentum for real change at the national level, and also about why there’s so much more of a push for change within the …
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CONTINUE READINGTowards Optimal Climate Policy, Part I
Moving the debate beyond equity and efficiency
As Congress debates two large pieces of legislation – both a bipartisan infrastructure bill and a partisan reconciliation package – a key question is the extent to which either piece of legislation (assuming it is enacted) addresses climate policy. And the recent flooding in Europe, the wildfires in the western US and Russia, and more …
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CONTINUE READINGThe Delta Variant
Here’s what we can (probably) expect.
The Delta Variant sounds like the title of one of those Robert Ludlum thrillers, like The Bourne Identity. Actually, though, it’s a lot scarier. The Delta variant of the coronavirus is rapidly becoming dominant. What are its characteristics and what can we expect from its spread? The first thing to know is that the Delta …
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CONTINUE READINGVaccination, Enlightenment Values, and the Founders
Anti-vaxxers and climate deniers are abandoning America’s founding values.
Ironically, those who most trumpet their allegiance to the Founders often have least in common with their values. The Founding Fathers were men of the Enlightenment. They shared a belief that reason, free inquiry, and science would better the human condition. They looked to reason as a guide. They sought, in Jefferson’s words, to expunge …
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CONTINUE READINGThe Opioid Epidemic and Vaccine Hesitancy
The places hit hardest by opioids are often skeptical of vaccines. That’s probably not a coincidence.
The opioid crisis was the product of corporate greed run amok and a corrupted regulatory process. That crisis may have amplified deep distrust of the pharmaceutical industry and its government watchdogs — distrust that may now be reflected in vaccine skepticism. First, a little history. The manufacturer, Purdue Pharma, aggressively promoted the use of oxycontin, …
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CONTINUE READINGJefferson’s Bridge
Anticipating modern environmental views, Jefferson viewed nature as a public trust.
Today being the Fourth of July, it seems appropriate to think about how the author of the Declaration of Independence felt about nature. A revealing example involves some land Jefferson owned between Lexington and Roanoke, which he sought to preserve. Two years before the Declaration of Independence, Jefferson purchased 157 acres of land from the …
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CONTINUE READINGThe Illusions of Takings Law
Nothing is as it seems, when the issue is whether a regulation is a “taking” of property.
For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn …
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CONTINUE READINGClimate News from Capitol Hill
There are small but hopeful signs of progress in overcoming legislative gridlock.
Over a decade ago, the Waxman-Markey carbon trading bill died in the Senate. President Obama then had to rely entirely on administrative actions to address climate change. Republicans united in a solid wall of violent opposition to climate action. There are some hopeful signs that things may not be quite so tough for President Biden. …
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CONTINUE READINGThe Regulatory Process: FAQs
Here’s an explainer on how federal regulations get issued and reviewed by courts.
Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden Administration is gearing up to start a slew of regulatory proceedings, here’s what you need to know about the process. Issuing Regulations Q: Where do agencies like EPA get the power to …
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CONTINUE READINGSupreme Court Finds California Labor Access Regulation Works Unconstitutional Taking of Private Property
What Are the Implications of the Cedar Point Nursery Decision for Environmental, Natural Resources & Public Health Programs?
In a closely-watched property rights decision, the U.S. Supreme Court today held unconstitutional a longstanding California regulation allowing labor unions intermittent access to agricultural workplaces for labor organizing purposes. Reversing a decision of the Ninth Circuit Court of Appeals, a 6-3 Supreme Court majority ruled that the challenged regulation triggers a per se, compensable government “taking” …
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