Regulation

TSCA Reform: That’s A Good Thing, Right?

Reform of the federal chemicals statute, the Toxic Substances Control Act (TSCA), is in the news again.  It got me wondering, are we are better off with the devil we know? In a legislative era characterized by harsh partisanship and excruciating deadlocks, there are signs that TSCA reform could be a rare example of cooperation …

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Econ101, Ideological Blinders, and the New Head of CBO

There are troubling indications that Keith Hall lets ideology blind him to basic economics.

Last week, in a post about the employment effect of regulations, I mentioned briefly that the new Director of the Congressional Budget Office, Keith Hall, had endorsed some questionable views on the subject.  A reader pointed me toward an additional writing that has done a lot to escalate my concerns.  There are disturbing signs about both Hall’s ideological bias …

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On China’s Remarkable Viral Air Pollution Video

Can 200 million viewers (and counting) be wrong?

Last Saturday evening, my research assistant (a wonderful JD student raised and educated in China) sent me a message: “This is a link to a documentary directed by Chai Jing (柴静).  It has raised public concern about air pollution.” In perhaps the understatement of the year, she added: “Many Chinese people have been watching it.” …

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Referendum Politics: California’s Pioneering Plastic Bag Ban on Hold

Out-of-State Bag Manufacturers Succeed in Qualifying Referendum Measure for 2016 Ballot

California’s recently-legislated ban on disposable plastic bans–the first in the nation–will not take effect on July 1, 2015 as the new law mandates.  That’s because industry opponents of the legislation have  qualified for the November 2016 election a referendum measure that seeks to repeal the new law. Last fall I wrote on this site about …

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Prioritizing Livestock Emissions

How do you solve a problem like manure?

Under AB 32, California’s climate change law, “greenhouse gas” is defined to include carbon dioxide, methane, nitrous oxide, and some fluorinated gases. But the bulk of the state’s efforts to date have focused primarily on the first. CO2 is undeniably the primary offender: It accounts for about three quarters of annual global emissions, and is …

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California Supreme Court to Decide Whether the Mining Law Preempts State Ban on Suction Dredge Mining

Court’s Decision May Affect State’s Ability to Regulate Activities on Federal Lands

The California Supreme Court recently accepted a case that may make it more difficult for the state to protect the environment from the damaging impacts of mining. At issue is the state’s ban on suction-dredge mining in streambeds. Californians engaged in suction-dredge mining have vigorously fought against the state’s ban, and a panel of the …

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Celebrating Four Decades of Energy Innovation: The California Energy Commission at 40

How California & the Commission Launched Their Acclaimed Energy Policy–& the Challenges That Lie Ahead

This month marks the 40th anniversary of California’s landmark Warren-Alquist Act, which created the state Energy Commission and triggered a transformation of energy policy in California, across the U.S., and abroad. This week an impressive group of energy policymakers, political leaders, energy scholars and Energy Commission alumni gathered at events in Sacramento and at the U.C. Davis …

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Zero Trash

Using the Clean Water Act to Control Marine Debris in California

This post is cross-posted on EcoPerspectives, the environmental law and policy blog of the Vermont Journal of Environmental Law. Let’s talk trash. Human-generated stuff that ends up in the ocean, termed “marine debris” or “marine trash,” presents a critical ocean and coastal management challenge. Trash can be found on coastlines and in seawater worldwide, from …

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Expanding Access To Energy Information To Boost The Clean Technology Sector

Joint UC Berkeley / UCLA Law Report Released Today

California is poised for a major energy transformation in the coming decades, with Governor Brown pledging to put the state on a path to 50% renewables and 50% less petroleum usage by 2030. Achieving this transformation will require a robust and thriving clean technology sector, including renewable energy and energy storage developers, energy efficiency contractors, …

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How to Erode Public Confidence in Regulatory Decisions: Meet With Parties Behind Closed Doors

A scandal at the California Public Utilities Commissions brings a questionable practice to light.

The California Public Utilities Commission (CPUC) has an unusual way of doing business. Most state and federal regulatory agencies prohibit private, closed-door discussions with interested parties about contested matters (ex parte communications). Even though it makes decisions affecting the welfare of Californians and the disposition of billions of dollars, the CPUC does not discourage ex …

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