Regulation
California’s Integrated Waste Management Board: Goodbye and Good Riddance
Shortly after taking office as California’s Governor, following a tumultuous recall election in 2003, Arnold Schwarzenegger famously promised to “blow up the boxes” of state government in favor of a more streamlined governance structure. That commitment has since largely been sacrificed on the alter of ever-contentious California politics. But this summer’s belated and painfully-negotiated California …
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CONTINUE READINGNudging Smart Growth
There are lots of problems with Sunstein and Thaler’s book Nudge, but its central premise has potentially powerful applications to a host of problems. Sunstein and Thaler posit that in many policy areas, “choice architects” can help people make better choices without impairing their actual ability to make that choice — a philosophy that they call …
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CONTINUE READINGNinth Circuit reinstates Clinton roadless rule
Since the end of the Clinton era, there has been much confusion over the status of roadless areas in the national forests. Yesterday the Ninth Circuit weighed in, ruling in California v. USDA that the Bush administration had unlawfully revised the Clinton administration’s Roadless Rule, and reinstating that rule. The decision, which has been welcomed …
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CONTINUE READINGI’ll gladly tell you Thursday if your beach is safe today…
Each year, NRDC publishes a report on the sometimes-foul state of our beachwater nationwide. This year’s Testing the Waters analysis shows that people are still regularly swimming in water with unsafe levels of E Coli and other pathogens, and that thousands of people likely get ill every year from a day at the beach. In the northeast …
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CONTINUE READINGProposed Order on Floodplain Development
The White House is considering a new executive order to limit floodplain development. The proposal covers roughly the same federal licensing, project, and funding decisions as NEPA. The heart of the proposal is section 4, which unlike NEPA imposes a substantive requirement (preventing or mitigating floodplain development.) The proposed language is after the jump. This …
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CONTINUE READINGEnvironmental Economics at EPA
EPA’s Science Advisory Board is considering feedback to EPA’s 2008 draft guidelines on economic analysis. The preliminary SAB draft makes a number of interesting points: EPA needs to recongize that it’s discretion is limited: “only the legislative branch has the power to tax, subsidize, or assign liability, and both the Clean Water Act and the …
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CONTINUE READINGTime for mining law reform?
Hardrock mining (as opposed to oil and gas drilling) on federal land is a topic that rarely hits the national news. And there are plenty of other high-profile items on the agenda in DC at the moment, like health care reform and climate legislation. So I was a bit surprised, but pleased, to see this …
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CONTINUE READINGDeputy Director Named for CEQ
The White House has announced that Gary S. Guzy, former general counsel and counselor to the administrator of EPA during the Clinton administration and previously a senior attorney in DOJ’s environmental division, will be named deputy director of the Council on Environmental Quality. Guzy has also been a partner at Foley Hoag, a consultant to …
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CONTINUE READINGA Silver Lining to the Supreme Court Term for Environmentalists?
In assessing the environmental train wreck that was the just-concluded Supreme Court Term, the question arises: is there anything from that Term from which environmental interests can take comfort? The answer is at least a qualified “yes.” Somewhat lost in the attention focused on the justices’ five major environmental decisions–all of them clear defeats for …
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