Regulation
The Food Safety Paradox
As Tom McGarity documents in his recent book, Freedom to Harm, the American food safety system is in disarray. You’d think we’d all be wiped out by food poisoning. Yet, the rate of sickness caused by bad food seems to have remained constant since the mid-nineties. What’s going on? McGarity and others are right about the …
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CONTINUE READINGWith Utility Power Purchases, Does the Environment Matter?
When does the approval of a contract trigger environmental review?
If an electric utility asks regulators to approve a contract to purchase power from someone else’s power plant, should the regulators consider the environmental implications before saying yes or no? Of course they should. But let me ask the question again, using a bit of California legalese: Does a decision by the California Public Utilities …
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CONTINUE READINGWhy Pollution Regulations Aren’t Taxes
Opponents of environmental regulations love to call them hidden taxes. But constant repetition doesn’t make this idea true.
If you’ve seen a statement that regulations are hidden taxes, that’s not too surprising. Googling “regulation hidden taxes” produces over three million hits. But in fact, pollution regulations and taxes are completely different. The reason is simple. A tax removes value from the private sector. Environmental regulations simultaneously remove value from one part of …
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CONTINUE READINGA Bad Hollywood Ending for Smart Growth — What’s the Sequel?
Judge rules the downtown plan for transit-oriented growth is fundamentally flawed
Smart growth advocates are lamenting a judge’s decision yesterday to toss out the environmental impact report (EIR) on Hollywood’s years-in-the-making plan for higher-density growth around the city’s subway stops. Hollywood is one of the few communities in California willing to increase growth around transit stops and along transit corridors, and the demand for housing and …
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CONTINUE READINGState Releases New Fracking Regulations Amid SB 4 Criticism, Controversy
DOGGR also wades into CEQA while environmental community questions wisdom and effects of new State law
California’s Division of Oil, Gas & Geothermal Resources (DOGGR) has released its proposed regulations governing hydraulic fracturing pursuant to Senate Bill 4, controversial legislation signed into law this September. DOGGR’s November 15 public notice begins its formal rulemaking process and marks the start of a 60-day public comment period for the new rules. DOGGR also …
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CONTINUE READINGA Second Helping of Chicken and Salmonella
Food safety levels leave plenty of room at the table for salmonella
Last week on Legal Planet, Dan Farber posted about the surprising regulatory inattention paid to food safety, using as example the latest chicken salmonella outbreaks in the U.S. (see “Playing Chicken with Food Safety,” 10/20/13). This post picks up from there, to mention that while the recent incidents highlight the chicken-salmonella problem, they don’t quite …
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CONTINUE READINGWho Does the Public Trust: Bureaucrats or Congress?
Voters would prefer EPA to make climate policy, not Congress. Is that a good thing? Yes and no.
Voters in swing states would prefer that EPA rather than Congress decide on U.S. climate policy. According to a poll commissioned by the League of Conservation Voters, “The voters are much more inclined to trust the Environmental Protection Agency than they are to trust members of Congress” — by a 66-12 margin. Here are my reactions …
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CONTINUE READINGEnergy Innovation and the Law @ UCLA
A full-day UCLA Law Review symposium on Friday, November 1
The UCLA Law Review is holding a symposium next Friday, November 1 – Toward a Clean Energy Future: Powering Innovation Through Law. Leading scholars from around the country will be at UCLA School of Law for the day to discuss innovative energy technologies, international energy issues, the challenge of new energy technology diffusion, and the …
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CONTINUE READINGNew Standing Barriers Erected for Federal Court Climate Change Litigation
Recent Ninth Circuit Decision Likely to Spell the End of Much Citizen Suit Litigation Over Climate Change in Federal Courts
In 2007, the U.S. Supreme Court’s famously ruled in Massachusetts v. USEPA that petitioners in that case had standing to sue the Environmental Protection Agency in federal court to challenge EPA’s failure to regulate greenhouse gas emissions under the Clean Air Act. Observers then could have been forgiven for thinking that this ruling flung open …
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CONTINUE READINGAir Pollution in China Shuts Down City of 11 Million
The airpocalypse is back. What should Chinese leaders do about it?
On Sunday, the start of the heating season in northern China brought the “airpocalypse” back with a vengeance (although some might say it never left). Harbin, the capital of Heilongjiang Province and home to 11 million people, registered fine particulate (PM2.5) pollution levels beyond 500 on the Chinese Air Quality Index, which is considered hazardous …
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