Politics
Are Filibusters of Executive Branch Nominees Constitutional?
President Obama’s announcement today making three nominations to the National Labor Relations Board should remind us that the GOP is the party of permanent constitutional crisis. It has been quite clear from the beginning of the Obama Administration that the Republicans simply have no interest in allowing the NLRB to function. That shouldn’t be much …
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CONTINUE READINGWho’s Afraid of Environmental Regulations? (Not Small Businesses)
There has been a lot of chatter about the burden of regulations on small businesses. It turns out that small business owners do worry about regulations a lot — but not so much environmental regulations. According to a new survey, what they really care about are licensing and tax regulations. Environmental regulations just don’t matter much.
CONTINUE READINGWhen streamlining environmental review really means undermining it
The Senate Environment and Public Works Committee has unanimously endorsed S 601, the Water Resources Development Act of 2013. Although it’s nice to see some bipartisanship in the capitol — S 601 is co-sponsored by Committee chair Barbara Boxer (D-CA) and ranking minority member David Vitter (R-LA) — the bill as approved by the Committee …
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CONTINUE READINGMajor Progress on Climate Legislation
Well, I certainly didn’t expect this one: Senator James Inhofe (R-OK) announced today that is reconsidering his long-held position that climate change represents “the greatest hoax ever perpetrated on the American people.” Oklahoma is currently suffering under the worst drought since the Dust Bowl, and thousands of farmers across the state have gone bankrupt. “The …
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CONTINUE READINGCongress Increases Climate Research Funding!
…even if they didn’t intend to. The Republican War on Science has morphed into a more general war on knowledge. As Dan has pointed out previously, the GOP has now declared war on social science funding, and particularly on political science. Last night, the Senate accepted the amendment of Senator Tom Coburn (R – Olduvai …
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CONTINUE READINGBreaking News: PACE Dies in the Ninth Circuit
The West Coast PACE litigation party appears to have ended. After favorable rulings from the California Northern District Court for PACE backers, the Ninth Circuit today dismissed the case outright. As background, Property Assessed Clean Energy (PACE) programs allow municipal governments to finance residential and commercial energy improvements, with property owners repaying the governments via …
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CONTINUE READINGNew Hope for Genetically-Engineered Food Labeling?
Many observers believed that the defeat of California’s Proposition 37 at the polls last November spelled a significant–and perhaps fatal–political setback for state and national efforts to require labeling of genetically engineered food products. But two recent articles from the New York Times suggest that the GMO labeling movement is far from dead. Last week …
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CONTINUE READINGCan Universities Be The Future Home of Environmental Journalism?
Consider me somewhat skeptical of the arguments, well-presented by Jayni, that The New York Times’ killing of the Green blog will somehow enhance the paper’s environmental coverage. It reminds me a little of the attempts of law schools to teach ethics not with a specific class but with the suffusion method: it’s an easy way …
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CONTINUE READINGA Great New Appointment: Edith Ramirez as FTC Chair
President Obama has appointed Edith Ramirez to chair the Federal Trade Commission; since she already serves on the FTC, this thankfully does not require Senate confirmation. It’s a terrific appointment. I have known Edith for about 15 years now; we served together on the board of the Los Angeles Center for Law and Justice, one of …
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CONTINUE READINGDoes the President Even Need the Senate to Confirm Appointees?
Damn. I suppose that it’s an occupational hazard of law professors that they kick around an idea, only to find that someone has beaten them to the punch. Well, Harvard’s Matthew Stephenson has done that to me, sort of, with an essay in the most recent volume of the Yale Law Journal entitled, Can the President Appoint Principal Executive …
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