Regulation

Is the Golden State Warriors’ Proposed Basketball Arena a Proper Public Trust Use?

The Bay Area’s NBA franchise, the Golden State Warriors, is collaborating with San Francisco city officials to develop a new, state-of-the-art basketball arena on a site that literally sits atop San Francisco Bay.  Few would argue that the region’s basketball team–a perennial second-division NBA franchise until it surged into contention last season–needs a new arena.  …

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The Retrospective Greening of Bill Clinton

Last week, the EPA building was renamed for Bill Clinton.  This a bit ironic — not that he was anti-environmental, but the environment wasn’t exactly his top priority.  As you may recall, Clinton’s guiding philosophy was expressed by the motto, “It’s the economy, stupid.”  There’s no reason to think he has any particular passion about …

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Ninth Circuit Rejects Water Agency’s “Area of Origin” Water Rights Claim

Responding to the current drought conditions confronting California, state and federal water project officials have announced cutbacks in anticipated water deliveries this summer and fall from both the Central Valley Project (CVP) and State Water Project.  It’s with that sobering backdrop that a recent decision from the U.S. Court of Appeals for the Ninth Circuit …

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Why Hide the Congressional Research Service’s Reports from the Public?

Q: Is there anything connected with Congress that actually works these days? A: Yes, the Congressional Research Service and the General Accounting Office. A key difference between these adjuncts to Congress, however, relates to public accessibility. The Congressional Research Service can be a really valuable resource, but their reports can be difficult to locate.  Unlike …

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EPA and the Social Cost of Carbon: Part II

This is Part II of a two-part series of posts discussing Eric Posner’s critiques of the role of cost-benefit analysis in climate regulation.  In Part I of this post series, Rhead described the social cost of carbon concept, discussed the Office of Management and Budget’s (OMB) recently updated social cost of carbon estimate of $38 …

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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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