Regulation
Justice 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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CONTINUE READINGTSCA 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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CONTINUE READINGEcon101, 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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CONTINUE READINGOn 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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CONTINUE READINGReferendum 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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CONTINUE READINGPrioritizing 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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CONTINUE READINGCalifornia 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 …
CONTINUE READINGCelebrating 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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