Politics
Another (Mostly) Uninformed Post About the Health Care Cases and Environmental Law
I’ve only skimmed the opinion (National Federation of Independent Businesses v. Sebelius) but so far don’t think the Court’s holding that the health care law’s individual mandate violates the Commerce Clause will have any real effect on environmental law. The Court’s decision is concerned with whether Congress can require someone previously unengaged in commerce — …
CONTINUE READINGDC Circuit’s Unanimous Decision to Uphold Greenhouse Gas Rules Across the Board Major Victory for EPA
As Dan just noted, the U.S. Court of Appeals for the D.C. Circuit — in a unanimous decision — handed the U.S. EPA a sweeping victory in upholding across the board four separate components of the agency’s rules to regulate greenhouse gas emissions. The opinion can be found here. A little background is in order …
CONTINUE READINGSupreme Court Grants Review in Two Clean Water Act Cases From Ninth Circuit
This morning the U.S. Supreme Court granted certiorari in two high-profile Clean Water Act cases from the Ninth Circuit Court of Appeals. The justices simultaneously denied review in a major federalism decision, also from the Ninth Circuit, involving an industry challenge to a California Air Resources Board’s regulation requiring ships to use low-polluting fuels near …
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CONTINUE READINGCalifornia Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction
Today, the California Court of Appeal rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan. EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32. Their primary …
CONTINUE READINGRed Mitt, Blue Mitt, Old Mitt, New Mitt
Mitt was once the governor of a Blue state. Now he’s appealing to voters in Red states. Perhaps it’s no surprise that New Mitt’s views are the opposite of Old Mitt’s views. A NY Times editorial this morning highlights Romney’s changes of position and just how far right he has moved on environment and energy …
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CONTINUE READINGEJ Advocates Renew Efforts to Block Cap and Trade
There are weighty arguments against the EJ position. Even if EJ advocates remain unpersuaded, they should recognize that it is possible to disagree with their views in good faith.
CONTINUE READINGWho Took the “Think” Out of Think Tanks?
The American Enterprise Institute is an interesting organization, often shrilly ideological but also scholarly from time to time. I was curious to find out what kind of research they were doing on climate change. I did find some interesting policy papers on their webpage on the topic of climate policy. But here’s the surprising part: …
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CONTINUE READINGEnvironmental Protection and Conservative Values
Tom Friedman had an interesting column yeserday about conservatism and the environment. As he points out, the current wave of anti-environmentalism is out of line with Republican traditions: “Teddy Roosevelt bequeathed us national parks, Richard Nixon the Clean Air Act and the Environmental Protection Agency, Ronald Reagan the Montreal Protocol to protect the ozone layer …
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CONTINUE READINGIs Environmentalism Bad for Fighting Climate Change?
Sure, it sounds like a paradox. The environmental movement has done a lot of good for the planet and for pollution. But in the face of the greatest environmental threat of our time, the movement may be fundamentally ill-suited to tackle the climate crisis. For most of its history, environmentalism has essentially been about stopping …
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CONTINUE READINGThe filibuster and environmental law
The filibuster in the U.S. Senate has been (rightfully) in the news quite a bit over the past few years. The use of the filibuster has dramatically increased in those years, to the point where there is currently a de facto 60-vote supermajority requirement to pass legislation in the Congress. That has led to a …
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