Politics
The Commerce Department Undercuts Clean Energy
The Commerce Department’s decision to levy tariffs on Chinese solar panel imports has been in the news for a couple of days, but should receive more attention for envir0nmental policy wonks than it has so far. The Obama Administration has basically decided to impair clean energy production with its decision, even if the tariffs are …
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CONTINUE READINGAttack 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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CONTINUE READINGOne 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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CONTINUE READINGClimate “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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CONTINUE READINGObama’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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CONTINUE READINGStopping 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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CONTINUE READINGThe 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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CONTINUE READINGLegal 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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CONTINUE READINGProds 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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CONTINUE READINGPlacing 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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