Energy

Congress and Energy Efficiency – The Tentative Steps of Shaheen-Portman

Senators Shaheen and Portman have created a bi-partisan bill to promote more efficient use of energy. It appears that they might succeed in getting it through the Senate, but the resulting bill would be missing most of its teeth. Is a toothless tiger better than no tiger at all? Perhaps surprisingly, the answer may be …

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Texas’s Unsuccessful (And Self-Defeating) Defiance of EPA

Texas has lost another round of its battle to halt EPA regulation of greenhouse gases — this time involving its effort to drag its feet on implementation of the regulations even if it could not undo them.  The effect of Texas’s action is that it lost the ability to help shape how the rules apply …

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Guest Blogger Ken Alex: California’s Road to 2020 and Beyond

Ken Alex is a Senior Advisor to Governor Jerry Brown and the Director of the Governor’s Office of Planning and Research.  The views expressed in this blog post are his own. Four years ago, when I was the head of the Attorney General’s environment section,  I wrote a series of guest blogs for Legal Planet …

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James Hansen Goes Nuclear

The Dot Earth Blog has published an interesting piece making the case for increased nuclear power generation.  Read the comments.  Dr. Hansen faces some resistance from the select set of people who comment on the NY Times.

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Clearing Up the Standing Mystery in the Biomass Case

In a post last week, I expressed puzzlement about the D.C. Circuit’s failure to discuss standing in Center on Biological Diversity v. EPA, which involved EPA’s decision to delay greenhouse gas regulations for facilities burning biomass. The question of standing in climate change cases has been controversial, so this mystery sparked extensive discussion among environmental …

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EPA and the Social Cost of Carbon: Part II

This is Part II of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation.  In Part I of this post series, Rhead described the social cost of carbon concept, discussed the Office of Management and Budget’s (OMB) recently updated social cost of carbon estimate of $38 …

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EPA and the social cost of carbon

This is Part I of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation.  The social cost of carbon (SCC, for policy wonks) represents the cost, in today’s dollars for the harm of emitting a ton of carbon dioxide equivalent gas into the atmosphere. Recently, the …

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No Keystone XL If It Would Increase Greenhouse Gas Emissions?

In his much-anticipated speech on climate policy, President Obama made an important statement about the approval process for the controversial Keystone XL pipeline project. He said that the project should not be approved if it would if it would “significantly exacerbate the problem of carbon pollution.”  One question that this raises is whether the same …

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Lots of Rhetoric, Not Much New in Obama’s Climate Plan

The Obama Administration just released a “Climate Action Plan” to accompany the speech the President will give this morning at Georgetown University.  I applaud the President for delivering a speech devoted exclusively to climate change.  But for all the hooplah surrounding the President’s speech as “major,”  the measures he’s proposed in the new plan  to …

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Regulators Between a Rock and a Hard Place: The Extraterritorial Dilemma

Current dormant commerce clause doctrine creates an incredible dilemma for state lawmakers. No matter what they do, they are at serious risk of attack under the dormant commerce clause. Here’s an example. Suppose a state wants to move its own electricity generators from fossil fuels to renewable energy. For instance, the state might require that …

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