General
What’s at Stake in Michigan v. EPA, the U.S. Supreme Court Hazardous Air Pollutant Case?
Decision expected in next few days
Although King v. Burwell (the Affordable Care Act case) and Obergefell v. Hodges (the same sex marriage case) are garnering more attention, sometime between tomorrow and Monday the Supreme Court will also hand down its decision in Michigan v. EPA. In the Michigan case, the Court will decide whether EPA’s Clean Air Act rules to regulate hazardous air pollutants …
CONTINUE READINGBreaking News: Supreme Court Rules Federal Agricultural Program a Taking
Justices Uphold California Raisin Growers’ Fifth Amendment Challenge
The United States Supreme Court today ended a David-and-Goliath-style, 10-year legal battle between a pair of California raisin growers and the federal government, declaring that the government triggered a compensable taking of the growers’ private property when a federally-controled agricultural board ordered seizure of a portion of their crop. The Court’s decision can be accessed …
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CONTINUE READINGCalifornia Supreme Court Upholds Affordable Housing Ordinance
Unanimous Court Rejects Developers’ Takings Challenge to San Jose’s Inclusionary Housing Measure
The California Supreme Court, in a unanimous decision issued today, rejected state developers’ efforts to nullify the City of San Jose’s affordable housing ordinance. That decision, California Building Industry Association v. City of San Jose, is critically important for both state land use policy and for constitutional principles governing private property rights and the proper scope …
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CONTINUE READINGBreaking News: D.C. Circuit Dismisses Challenge to Clean Power Plan on Procedural Grounds
But More Challenges Will Follow
The D.C. Circuit Court of Appeals has dismissed the first challenge to EPA’s proposed Clean Air Act Section 111d rule to reduce greenhouse gas emissions from power plants (known as the Clean Power Plan) on the grounds that the rule is only a proposed rule, not a final one. The court’s opinion can be found …
CONTINUE READINGClean Air versus States Rights
A sleeper decision by the D.C. Circuit upholds federal air pollution authority.
The D.C. Circuit’s decision last week in Mississippi Commission on Environmental Quality v. EPA didn’t get a lot of attention, despite having a very significant constitutional ruling. Since the constitutional discussion doesn’t start until about page seventy, after many pages of scintillating discussion of matters like the reliability of private air pollution monitors and the …
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CONTINUE READINGHail to the Chief: John Roberts and the WOTUS Rule
Roberts virtually bemoaned the lack of a rulemaking. Now he’s got what he wanted.
The government issued a long-awaited Waters of the United States rule (WOTUS for short). No doubt there will be much gnashing of teeth about the issuance of the rule — a very safe bet since the gnashers of teeth got going long before the rule was actually issued. But one person who should be happy …
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CONTINUE READINGAll This, and the Environment, Too?
Israel’s New Government Might De-emphasize Environmental Protection
It’s hardly news that Benjamin Netanyahu’s new government is the most right-wing in the country’s history, stoking dismay in the White House and in the international community. But this hardly implies a lack of environmental concern. Tzachi Hanegbi, Ariel Sharon’s Environmental Protection Minister and a Likud hard-liner, did a professional and highly competent job in …
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CONTINUE READINGA (Sometimes) Beautiful Equilibrium
John Nash’s contribution to game theory illuminates environmental issues.
John Nash and his wife died yesterday in a cab crash while returning from a trip to Norway to receive a major mathematical prize. He is best known to the public because of the movie “A Beautiful Mind”, which described his struggle with mental illness. His concept of the Nash Equilibrium is basic to a …
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CONTINUE READINGDistrust of Congress (And Why It Matters)
It’s easy to joke about Congress’s public ill-repute, but it’s a serious problem.
A recent poll shows that public approval of Congress is still in the basement (though perhaps not flat on the floor, as it was before). This graph shows the trends: But this poll on public “approval” doesn’t tell the whole story. Here’s one that asks instead whether Americans have confidence in key institutions: The configurations …
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CONTINUE READINGIs Jeb Bush Listening to Andy Sabin?
Position on Climate Change Evolving
Jeb Bush is now “concerned” about climate change. He also believes the U.S. needs to work with other countries to “negotiate a way to reduce carbon emissions.” Though some environmental groups remain skeptical –largely because Bush also embraced natural gas as the primary tool to reduce U.S. …
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