Politics

Attack of the Dim Bulbs (A Dismayingly On-Going Series)

And the government would have banned Thomas Edison’s light bulb. Oh yeah, Obama’s regulators actually did just that. That was Governor Romney on March 19.  I hope he was more careful with the facts when he worked for Bain. If not, he would have cost lost a lot of money, not to mention the liability …

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One reason for anti-EPA riders

There’s been a lot of (appropriate) outrage over the efforts in the past year and a half by House Republicans to gut environmental protections through the use of appropriations riders.  Those efforts might well continue in the next appropriations cycle, especially since bashing the EPA is apparently a popular election-year activity for Republicans.  One of …

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Climate “skepticism,” ideology, and sincerity

There’s an interesting discussion about a whole lot of things — for example, the sincerity of climate scientists and think tanks, the behavior of scientists, the relative funding of “skeptics” and climate scientists and others who believe climate change is happening and is caused by human activity — between my colleague Ann Carlson and Professor …

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Obama’s Dormant Carbon Tax

In many respects, public subsidies for clean technology research and development,  public investment in urban redevelopment, and elaborate cap-and-trade programs are all essentially clunky political substitutes for a carbon tax.  If we priced carbon accurately to reflect its true cost to society, in terms of public and environmental health impacts (aka “externalities”), much of this …

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Stopping High Speed Sprawl

California Governor Jerry Brown has doubled down on his support for the state’s proposed high speed rail system, despite the uncertainty about how to pay for it and growing public opposition.  But who can blame him?  If the rail system does get built, it will be the defining infrastructure project in the state for generations …

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The Delta 101: Of Levees, Canals & Whiskey

Nearly four out of five Californians do not know what the Delta is, according to a January 2012 poll.  That’s 78 percent of the population.  And 86 percent of southern Californians have never heard of it.  Yet, 25 million people and 3 million acres of farmland rely on the Delta for at least a portion …

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Legal Planet Takes Over the Yale Law Journal

Along with Dan, I also have a response to the Ewing/Kysar paper at YLJ Online.  (For those of your keeping score at home, two out of three commissioned responses were Legal Planet bloggers: we win!). It should surprise no one that while Dan’s is elegant and technical, mine is cranky and dyspeptic.  Here’s the abstract: This …

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Prods and Pleas/Stopgaps and Failsafes

In a recent article in the Yale Law Journal, Benjamin Ewing  and Douglas  Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy.  Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change.  Using …

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Placing a Ceiling on Protection for Public Health

Governor Romney has endorsed an idea called regulatory budgeting, but it really means capping protection for public health.  Romney’s position paper explains the concept as follows: To force agencies to limit the costs they are imposing on society, and to provide the certainty that businesses crave, a system of regulatory caps is required. As noted, …

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Is Rick Santorum a Pagan?

All the press coverage over Rick Santorum’s idiotic suggestions that mainline Protestants aren’t Christians, or that President Obama isn’t a Christian, or that prenatal care increases abortion rates, or that people who favor prenatal care favor eugenics, have obscured his equally idiotic attacks on environmentalism: Santorum said that he was referring not to the president’s faith …

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