Regulation
Controlling Greenhouse Gas Emissions from Transport Fuels
The Performance and Prospects of California’s Low-Carbon Fuel Standard
Transportation is the largest contributor of greenhouse gas emissions in California, responsible for about 37 percent of the state’s total emissions. This distinction makes the sector a prime target for regulation. But with tens of millions of emitting tailpipes, fuels sourced from out of state and around the world, decades-long vehicle lifespans, and many other …
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CONTINUE READINGTracking Coastal Adaptation
Implementing CA’s Innovative Sea Level Rise Planning Database
Higher sea levels are already affecting California’s 3400 miles of coastline, millions of coastal residents, economy, buildings, and critical infrastructure. Yet, oddly enough for a state that is a worldwide leader in climate change mitigation, California has only recently begun to focus seriously on sea level rise adaptation. Recent reports have cited a lack of preparedness …
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CONTINUE READINGJobs & Regs
The empirical evidence suggests that job loss from regulation is small.
It seems to be easy to make arguments one way or another about the effect of regulation on jobs. What does the evidence say? Those seeking an answer would do well to look at a recent book on the subject by Coglianese, Finkel, and Carrigan. Although the book is broader in scope, it provides a careful …
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CONTINUE READINGHas EPA’s Proposed NSPS Expired?
Responding to claims that EPA must withdraw its proposed rules to control power-plant GHGs under CAA § 111
Challenges to EPA’s emergent program to regulate greenhouse gas (GHG) emissions under Clean Air Act section 111 continue to mount. Recently, the Attorneys General of 19 states sent a joint letter to EPA arguing that because EPA failed to finalize its proposed New Source Performance Standard (NSPS) for GHG emissions within one year—as the Clean …
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CONTINUE READINGThe Case Against Sulking
States will only lose out if they refuse to cooperate with the Clean Power Plan.
Mitch McConnell has urged states to refuse to submit plans if the Clean Power Plan is upheld by the Court. He has been accused of inciting lawless behavior on the part of state governments. Let me come to his defense on this. (How often do I get to do that??) The states are under no legal obligation …
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CONTINUE READINGThe Grid is Always Greener …
New York electricity regulators are working hard on “Reforming the Energy Vision”
It seems to be an undeniable part of human nature. When we consider making changes – whether it has to do with the place where we live, the business we are in, or the partner we choose – we tend to compare the flaws of the thing we know to the ideal version of the …
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CONTINUE READINGShut Up, Texas
Environmental Factors Smack Down Another Right-Wing Meme
If like me you are tired of Texans gloating about their supposed “miracle,” today’s post from Kevin Drum brings some good news: For years, business lobbyists complained about what they derided as “job killer” laws that drive employers out of California. Rival state governors, notably former Texas Gov. Rick Perry, made highly publicized visits to …
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CONTINUE READINGJustice Thomas Declares War on Rulemaking
His Amtrak dissent would wipe out most regulations of the last 40 years.
It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of environmental law.. The heart of …
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CONTINUE READINGThe Unreasonable Risk of TSCA Reform
Caught Between a Rock and a Hard Place
The Frank R. Lautenberg Chemical Safety for the 21st Century Act is no doubt generating significant conflict, including claims of undue industry influence, competing bills from prominent members of the same party, consternation among states, and divisions among health and environmental groups. And it may also be the closest we have gotten to TSCA reform—ever. …
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CONTINUE READINGCalifornia Supreme Court to Decide Major CEQA, Climate Change Case
Justices’ Latest Grant of Review Continues Supreme Court’s Focus on Environmental Law
To paraphrase former President Ronald Reagan, there they go again. The California Supreme Court on Wednesday granted review in an important case at the intersection of the California Environmental Quality Act (CEQA) and one of the state’s most important climate change laws. The case, Cleveland National Forest Foundation v. San Diego Association of Governments, is the …
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