Regulation

EPA and the social cost of carbon

This is Part I of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation.  The social cost of carbon (SCC, for policy wonks) represents the cost, in today’s dollars for the harm of emitting a ton of carbon dioxide equivalent gas into the atmosphere. Recently, the …

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The Long, Slow Path to Improved Air Quality Standards

The regulatory process can be slow and tortuous. Consider the case of air quality standards. Since 1997, EPA has had separate air quality standards for fine particulates, technically called PM2.5.  These tiny particles can penetrate deep into the lungs, making them a special public health concern.  EPA has revisited the standard twice, in 2006 and …

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The Strange World of the Small Business Administration

When you say “small business,” most people probably imagine a mom-and-pop corner grocery.  Actually, the SBA’s concept of small goes well beyond that.  For instance, it includes a computer business that does up to $25 million per year in business. A convenience store can do $27 million and still be considered “small,” while a grocery …

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The House GOP Takes a Courageous Stand Against Food Safety

It takes guts to oppose food safety.  But that’s no problem for the House GOP.  According to the NY TImes, today’s House farm bill wasn’t content to eliminate food stamps, it also took aim at food safety: One overlooked provision in the bill came from Representative Dan Benishek, Republican of Michigan, a surgeon, and would …

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Sierra Club Entitled to County’s GIS Database Under California Public Records Act, Says California Supreme Court

Back in the day, when I toiled in the California Attorney General’s Office, I served a stint supervising the unit of that Office that oversees litigation involving California’s “little Freedom-of-Information Act,” officially known as the California Public Records Act (PRA). My standing advice to my attorney colleagues was never to allow a case to reach the …

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Bombs Bursting in Air: Environmental Regulation of Fireworks

It seems only fitting as we approach the Fourth of July holiday to turn our attention to the environmental impacts and regulation of fireworks.  As it turns out, our age-old patriotic tradition of exploding packages of toxic chemicals in the air is not without its environmental drawbacks.  Although much is still unknown about the environmental …

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The Bogus Trade-Off Between the Environment and Jobs

Paul Krugman has a NY Times column arguing, from a Keynesian point of view, that Obama’s climate change program won’t cost jobs.  One of my  posts a couple of years ago suggested the same idea: in a slack economy, regulatory requirements are a form of stimulus that can actually create jobs because industry has to spend …

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Supreme Court Rules for Property Owner in Koontz v. St. Johns River Water Management District

The U.S. Supreme Court today decided Koontz v. St. Johns River Water Management District. But unlike the previous two, unanimous Takings Clause rulings issued this Term by the justices in Arkansas Game and Fish Commission v. United States and Horne v. Department of Agriculture, the decision in Koontz reflected a sharply divided Court, in a …

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Lots of Rhetoric, Not Much New in Obama’s Climate Plan

The Obama Administration just released a “Climate Action Plan” to accompany the speech the President will give this morning at Georgetown University.  I applaud the President for delivering a speech devoted exclusively to climate change.  But for all the hooplah surrounding the President’s speech as “major,”  the measures he’s proposed in the new plan  to …

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U.S. Supreme Court Rules for Property Owners–Again

Observers continue to await the third and most significant property rights case on the Supreme Court’s docket this Term–Koontz v. St. Johns River Water Management District–which should be released later this week.  In the meantime, another property rights case was decided by the justices earlier this month that, while largely overlooked by the media, represents …

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