General

Why Pollution Regulations Aren’t Taxes

Opponents of environmental regulations love to call them hidden taxes. But constant repetition doesn’t make this idea true.

If you’ve seen a statement that regulations are hidden taxes, that’s not too surprising.  Googling  “regulation hidden taxes” produces over three million hits.  But in fact, pollution regulations and taxes are completely different. The reason is simple. A tax removes value  from the private sector.   Environmental regulations simultaneously remove value  from one part of …

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Skinning Cobras and Climbing Trees in Belgium

Trying to save energy in Europe and around the Mediterranean

Brussels is at least two cities in one: a modern European municipality rich in history and containing some spectacular gilded palaces, and a capital city. It is the seat of government for Belgium – a flag flies over the palace when the king is nearby – and the capital for the European Union. The governing …

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A Follow-up on the NYT’s Environmental Coverage

Environmental journalism in decline at the NYT

  Last March, the New York Times killed its Green blog and disassembled its environment desk, distributing the staff into other units.  Jayni noted the possible concern that this change might result in diminished resources for environmental coverage at the Times; she also noted the positive spin that some Times people put on the change, …

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COPs: The Erratic Evolution of Global Climate Policy

The latest Conference of the Parties (COP) in Warsaw didn’t make headlines — more like footnotes.  Two things have become clear.  First, the formal UN negotiations are only part of the transnational development of climate policy.  And second, the UN negotiations are moving slowly and fitfully, but they are making progress.  Neither of these things …

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The Filibuster and the Environment

In the short run, limiting the filibuster will strengthen the hands of environmental regulators. What about the long run effects?

The filibuster arguably served a useful function when it allowed the minority to block action in extraordinary cases where its views were especially intense.  It became no longer tolerable when it became a routine barrier to Senate action. Last week, the Senate abolished filibusters for nominations (except the Supreme Court). What does this mean for environmental …

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UC Berkeley / UCLA Law Report on California Renewable Energy Policies Beyond 2020

Joint law school report will be discussed at a lunchtime forum today at UCLA Law

California is among the world’s leaders in deploying renewable energy, with the state on pace to meet its target of achieving 33% of its energy from renewable sources like the sun and the wind by 2020. But the success may ironically be contributing to a stalled in-state market for more renewable power. Given the amount …

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Rethinking “Adaptation”

I’ve spent a lot of time and energy talking about the need to adapt to climate change, but I’ve also become increasingly uneasy about “adaptation” as a way to think about the situation.  One of the things I don’t like about the term “adaptation” is that it suggests that we actually can, at some expense, …

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Green Streets for Berkeley?

Green Infrastructure at UC Berkeley

Low Impact Development (LID) or green infrastructure can be used to improve water quality in urban environments through the use of swales, bioretention basins, permeable pavement, and other approaches to managing stormwater. However, there can be challenges to actually putting green infrastructure in place. Max Gomberg and I recently published an Op-Ed in the San …

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Will Anyone Have Standing to Challenge EPA’s Rules for New Coal Plants?

EPA has issued rules that will essentially require new coal plants to use carbon capture and sequestration, a technology that has not been implemented at full scale yet.  No doubt that coal industry and utilities will try to challenge the rules in court.  But they probably lack standing to do so for a simple reason: …

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Private Flood Protection

Private flood control is no substitute for government action.

Last week, the NY Times had a story about Verizon’s new flood barrier for its Wall Street building, which is a designated landmark. On one level, it’s a pretty cool project — a portable barrier designed to keep out the water during a hundred-year storm (plus  2-feet for storm surge plus an extra foot to …

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