Regulation
Where Have You Gone, Jimmy Carter?
When Paul Simon famously asked his nostalgic question about the whereabouts of Joe DiMaggio, it was only 16 years after Joltin’ Joe had retired from baseball. It’s 28 years since President Jimmy Carter left office. Is it time to become a little nostalgic about his energy policy? The question is prompted by Carter’s testimony, this …
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CONTINUE READINGClimate bill has votes to get through key House panel, says Waxman
Breaking news: Greenwire (via the New York Times) and Grist.com are reporting that Rep. Henry Waxman said tonight he “believe[s] we’ll have the votes for passage” to move his climate bill through the House Energy and Commerce Committee. (The Houston Chronicle is reporting that Rep. Waxman “expects” to have sufficient votes but takes a tone of skepticism.) Waxman …
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CONTINUE READING“Smoking gun” OMB memo on EPA climate change rulemaking is not what it seems
As Dan has mentioned, there has been a bit of a dust-up over a document in EPA’s rulemaking docket relating to EPA’s recent finding that greenhouse gases pose an endangerment to public health and welfare. As Dan notes, the memo, apparently originating at the White House Office of Management and Budget (OMB), is harshly critical …
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CONTINUE READINGGoing to the Dogs? Unfair Attacks on Cass Sunstein
A lot of environmentalists are uncomfortable about Cass Sunstein’s appointment as “regulatory czar” at OMB. Reasonable people may differ about the validity of those concerns. But now he’s been attacked from another direction — conservatives eager to paint him as an animal-rights fanatic who wants to ban hunting. For instance, For one particularly colorful attack, …
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CONTINUE READINGThe Long Environmental Shadow of Palsgraf
Palsgraf is a case known to every American law student. It involves a bizarre accident: a train employee negligently caused a passenger to drop his bag, which contained fireworks, which went off, which caused freight scales at the other end of the platform to fall over, which hit Mrs. Palsgraf and caused her emotional distress. …
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CONTINUE READINGPolar bears, wolves, and Obama’s Interior Department
Environmentalists have been absolutely thrilled with the EPA under the leadership of President Obama and Administrator Lisa Jackson. The Department of Interior under Secretary Ken Salazar has drawn more mixed reviews so far. (Dan Tarlock and I wrote about the first 100 days at Interior on the Center for Progressive Reform blog.) Recent news out …
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CONTINUE READINGPublic Policy is Spurring Enormous Growth in the Windpower Industry – Don’t Stop Now
Worldwatch Institute reports that windpower capacity worldwide increased by 27,051 megawatts in 2008, bringing total installed capacity over 120,000 megawatts. The United States showed the greatest growth, adding 8,358 megawatts to make a current total of 25,170 megawatts. That’s a 50% increase in one year! The contribution that the U.S. windpower makes to overall domestic …
CONTINUE READINGWhy won’t Arnold back smog checks for motorcycles?
This is a law blog, so call this post Easy Rider v. Planet Saver. The California legislature is considering a bill (SB 435, sponsored by Sen. Fran Pavley of the clean-car “Pavley Regs” fame) requiring motorcyles to undergo bienniel smog checks, just like cars and trucks do. The bill would take aim at a significant remaining source …
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CONTINUE READINGChemical Policy and Homeland Security Redux
The Bureau of National Affairs reported recently that the House Homeland Security Committee is considering draft legislation that would require major chemical facilities to evaluate the use of inherently safer design to reduce chemical security risks. Generally speaking, inherently safer design attempts to reduce risks associated with the storage and use of hazardous chemicals by …
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CONTINUE READINGA Supreme Court Speed-Bump for Coeur Alaska
With the U.S. Supreme Court’s issuance of its major CERCLA opinion yesterday in Burlington Northern, the Court has now decided four of the five major environmental cases on its docket this Term. But a little-noticed order from the Court–also issued yesterday–suggests that the Court is struggling mightily with the fifth and final case, Coeur Alaska, …
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