General
Breaking 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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CONTINUE READINGThe Battle to Restore Hetch Hetchy Valley Moves to the Courts
New Lawsuit Claims Dam and Reservoir in Yosemite National Park Violate California Constitution
This week, the longstanding battle over the dam and reservoir that have for a century flooded Yosemite National Park’s storied Hetch Hetchy Valley moves to the courts. A new lawsuit, filed by conservationists on the 177th anniversary of John Muir’s birth, asserts that the City of San Francisco’s continued operation of O’Shaughnessy Dam and Hetch Hetchy Reservoir …
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CONTINUE READINGSwinging Between Optimism and Pessimism on Climate Change
good news, bad news
Every day seems to bring new news about climate change, some of it encouraging and some of it so disheartening that doomsday feels around the corner. Here’s a catalogue of recent climate news, starting with the optimistic stories: Bloomberg news reports that the end of fossil fuels is in sight. The World Bank today announced …
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CONTINUE READINGCan the Supreme Court Provide Just Desserts?
Time for Different Flavors of Legal Reasoning
Ben and Jerry’s flavor honoring Stephen Colbert — “Americone Dream” — has been so successful, people are coming with other ideas. Tania Lambrozio gets lawyers into the act with her nomination: “Ruth Bader Ginger.” I’ve never actually had ginger ice cream, although I love ginger bread, so maybe it could work. Now there is a petition …
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