Regulation

Write Your Own News Story

Just fill in the blanks, and you can save yourself the trouble of reading newspaper accounts about any new EPA action. New EPA Regulations Spark Controversy  The Environmental Protection Agency today announced tough new regulations on [name of industry].  According to the agency, the regulations will save thousands of lives by reducing dangerous levels of …

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Time May Run Out on Obama’s Most Powerful Climate Change Tool, Environmental Groups Threaten Suit

President Obama has a surprising amount of power to reduce greenhouse gases from the two largest categories of emitters, the transportation and electricity sectors, without getting Congress to act.  He has already used that power to dramatically tighten fuel economy standards for passenger autos.  But his ability to reduce emissions from the electricity sector — …

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Is TSCA Reform on the Way?

The Toxic Substances Control Act or TSCA (sometimes pronounced “Tosca,” like the opera) is one of the worst-written statutes of all time.  It seems as if every section contains a cross-reference to another section, which in turn requires recourse to yet another sentence to be understood, making the statute completely opaque.  A last-minute compromise, the …

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Maybe a Super EIS for Climate Policy?

Following closely on the heels of Ann’s argument concerning the flaws of the Keystone XL DEIS came a NYT story from John Broder with an interesting suggestion: if the administration approves the pipeline, then it should do something else in order to advance the battle against climate change: [C]ould some kind of deal be in …

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We Have Met the Unknown Unknowns and They are Us

There are uncertainties about climate science such as tipping points and feedback effects.  But these pale in comparison to the biggest source of uncertainties: people. Here are some of the major things we don’t know and really can’t know about future society: Will economic growth continue, and if so, how quickly and how uniformly?  Richer …

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What’s holding up the Clean Water Act jurisdictional guidance?

Cross-posted on CPRBlog. People on both sides of the political spectrum agree that the boundaries of federal jurisdiction under the Clean Water Act are murky, to say the least. But efforts by EPA and the Corps of Engineers to clarify those boundaries have been tied up in the White House for more than a year, …

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Reforming Prop 65

With all the attention being paid to proposals to reform the California Environmental Quality Act in the state legislature, there is another landmark California environmental law that the legislature and Governor Brown are thinking of changing.  In 1986, the voters of California enacted Proposition 65.  The law requires notification to consumers and the public about …

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California Supreme Court Upholds Local Government Bans on Pot Dispensaries

In its most important land use decision since 2011, the California Supreme Court has upheld local governments’ power to ban marijuana dispensaries within their jurisdictions. Last week the court unanimously rejected marijuana advocates’ claim that such local bans are preempted by California state law. The Supreme Court’s opinion in City of Riverside v. Inland Empire …

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Some Overdue Environmental Justice In Time for Shavuot

The Jewish festival of Shavuot, which begins at sundown this evening, commemorates the Israelites’ receiving of the Torah at Mt. Sinai.   Shavuot is thus the paradigmatic lawyers’ holiday given its focus on law and justice.  This connects nicely with the other two great pilgrimage holidays found in the Jewish Bible, giving us a trinity (so …

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Discount Rates and Middle-Class Stagnation

Discount rates are how economists measure the importance of the future versus the present.  If the discount rate is low, we care a lot about the future; the reverse is true if the rate is high. It turns out that one of the key factors driving the discount rate — maybe the key factor — is …

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