Regulation
The Perverse Growth of the “Job Killing” Meme
As unemployment goes down and down, talk about “job killing regulations” goes up and up.
We’ve had a number of posts about the claim that regulations cause major job losses. The evidence doesn’t support this claim. (See this post from October). But the claim at least seemed understandable in the depths of the recession, when people were desperately worried about unemployment. The weird thing is that as unemployment has gone …
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CONTINUE READING2016: The Year of Living Dangerously
2015 was a year of forward movement. Much of that could be in jeopardy this year.
We are at the start of a year of danger for environmental policy. 2015 saw many accomplishments in environmental law: the Administration issued the “waters of the United States” and Clean Power Plan regulations, a Supreme Court ruling in favor of EPA’s cross-state air pollution rule, and the Paris Agreement on climate change. Much of this progress is …
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CONTINUE READINGKey Environmental Developments Ahead in 2016
Here are seven of the most important developments affecting the environment.
2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most …
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CONTINUE READINGNewsflash: Senate Passes TSCA Reform
A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years
In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between …
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CONTINUE READINGHow do we move past the yuck factor in potable water reuse?
This post draws on two recently published articles (here and here) by an international group of collaborators: Christian Binz, Sasha Harris-Lovett, Bernhard Truffer, David Sedlak, and myself, courtesy of the ReNUWIt program. Potable water reuse is increasingly seen as a potential way to help ease urban water supply challenges. Potable reuse is as it sounds …
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CONTINUE READINGCalifornia Supreme Court Hands Air District, Environmentalists Qualified Win
Justices’ Unanimous Opinion Addresses Key “Scope of CEQA” Issue
In a closely-watched case, the California Supreme Court today issued a unanimous decision on the scope of the California Environmental Quality Act (CEQA), California’s most important and heavily-litigated environmental statute. That decision is unlikely to fully satisfy either side in the litigation, though over the long-term it would seem to favor local regulators and their …
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CONTINUE READINGGuest Blogger Kate Konschnik: The Debate about EPA’s Authority to Regulate Carbon Pollution is a Lot of Things – But Not These Things
Kate Konschnik is the Director of Harvard Law School’s Environmental Policy Initiative. The views expressed in this blog post are her own.
Clean Power Plan challengers have asked the D.C. Circuit to stay the rule pending litigation. Today, industry and environmental groups supporting EPA will file their oppositions to this request. The stay motions included the charge that EPA may not use Section 111(d) at all to curb pollution from existing power plants. Dan Farber and I …
CONTINUE READINGWill the TPP Undermine Climate Policy?
The short answer: probably not much, maybe not at all
Representatives of U.S. environmental negotiations have shown up in Paris to campaign against the new TPP trade agreement. (here) They’ve also been actively engaged in discussions with Democratic law-makers, in an effort to block approval. A key objection is that the TPP will undermine climate policy. Jim Salzman had a great post last week on …
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CONTINUE READINGYou Have the Right to Generate Your Own Electricity
Preserving an implicit right in the face of electric utility resistance
Do people have the right to generate electricity for their own use and still remain connected to the grid? Of course they do. You see it every day. Without prior registration or a background check, anyone can go into a hardware store and buy a diesel generator. Homeowners and businesses can install rooftop solar photovoltaics …
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CONTINUE READINGThe Ninth Circuit Takes EPA to Task (Twice)
EPA’s pesticide registration efforts trigger forceful response
Judge McKeown of the 9th Circuit Court of Appeals recently wrote of the EPA, “Although filibustering may be a venerable tradition in the United States Senate, it is frowned upon in administrative agencies tasked with protecting human health.” Yikes. What did the EPA do to elicit such a reaction from a federal judge? The short …
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