Regulation
Bad ESA rules not yet undone
(Cross-posted at the Center for Progressive Reform blog.) The Bush administration’s last-minute ESA (non)consultation rule is getting almost as much attention now as it did during the comment period. Then, the administration reportedly received more than 300,000 comments, the vast majority of them negative. Those objections were, of course, quickly swept under the proverbial rug …
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CONTINUE READINGWhy is GM using taxpayer funds to fight clean car progress?
Just back from a weekend conference where climate litigator Matthew Pawa gave a keynote address. He’s one of the lawyers who successfully defended California’s right to demand that automakers make cars that limit their greenhouse gas emissions, calling and cross-examining witnesses in a dramatic 2007 trial that put climate change science on the stand. In …
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CONTINUE READINGIt’s the Economy
The Western Business Roundtable doesn’t care for Cap and Trade (the politician’s tool of choice for reducing carbon emissions). In fact, it is hard to believe that the organization gives much weight to the climate challenge at all. The Roundtable, the website of which does not list its members, but describes them as including representatives …
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CONTINUE READINGObama’s Progressive Tax and Energy Policy
Though the budget released yesterday by the Obama Administration was short on details, it was long on big pronouncements that fundamentally shift federal policy in important areas. On the climate change front, the budget for the first time reveals the administration’s thinking on how it would distribute money raised from allowances issued under a proposed …
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CONTINUE READINGJon Cannon To Be EPA Deputy Administrator
President Obama has nominated Jon Cannon, Professor of Law at University of Virginia, to be the EPA’s new Deputy Administrator, subject to Senate confirmation. Cannon has extensive experience in the federal government, including three years as the EPA’s General Counsel from 1995-98. In my view he’s a great appointment. His background gives him enormous experience, …
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CONTINUE READINGCourt ruling will force EPA to take action it was required to take in 1983 (!)
It is not unusual for the federal government to neglect its statutory duties under federal environmental laws; when it does, citizen suits are the primary means of ensuring that the government follows the law. Sometimes federal agencies’ inaction results from lack of resources, and sometimes it results from intentionally interpreting its duties in a minimalist manner. In some …
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CONTINUE READINGUCLA Working Conference on Nanotechnology Policy
The2009WorkingConferenceonNanotechRegulatoryPolicywillbeheldattheUniversityofCalifornia,LosAngelescampusonApril17. TheConferencewillbringtogetheraninterdisciplinarygroupofscholarsandresearchers,policymakers,non-governmentalorganizations,andbusinessesforaction-orientedworkshoppanelsonthescienceandpolicyofnanotechnology. ThegoaloftheConferenceistocriticallyevaluateseveralspecificpolicyproposalsforrespondingtothepotentialpublichealthandenvironmentalimpactsofnanotechnology. TheConferencewillexaminethreecategoriesofpolicyresponsesthroughseveralpanels: ∙ Relianceonexistingregulatoryprograms ∙ Developmentofinnovative“nano-specific”regulatoryprograms ∙ Relianceupon“private”regulation(e.g.,industryinitiatives,insurancemechanisms,etc.) ThepolicyproposalswillbesetoutinaseriesofsuccinctpaperscommissionedbytheConferencesponsorsanddistributedtoallparticipantsinadvanceoftheConference. ThesepaperswillbepublishedintheUCLAJournalofEnvironmentalLawandPolicy. Registration is availableonline. Visit the website at http://www.cnsi.ucla.edu/NanoRegulatoryPolicy/
CONTINUE READINGPresident Obama’s Remarks on Energy Tonight
“It begins with energy. “We know the country that harnesses the power of clean, renewable energy will lead the 21st century. And yet it is China that has launched the largest effort in history to make their economy energy efficient. We invented solar technology, but we’ve fallen behind countries like Germany and Japan in producing …
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CONTINUE READINGSupreme Court Denies Cert. in Mercury Case
The Supreme Court has declined to review a lower court opinion striking down the Bush Administration’s regulation of mercury. This isn’t a huge surprise since the Obama Admimistration indicated that the lower court opinion was consistent with its own regulatory policy, leaving only the industry to seek revieew. The lower court opinion is one of …
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CONTINUE READINGBlowing Off Steam: Cost-Benefit Analysis and the Clean Water Act
The Entergy case, which is now before the Supreme Court, involves EPA regulation of power plant’s cooling systems. This is an important environmental issue because the cheapest systems kill acquatic life in the front-end intake process and then raise the temperature of water bodies in the back-end discharge. More broadly, the case raises questions about whether …
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