Regulation
We Interrupt This Blog…
…and outsource it to Scott Lemieux of Lawyers, Guns, and Money, who sets forth succinctly the meaning of Neoconfederate David Sentelle’s DC Circuit opinion today regarding recess appointments. Specifically, this controversy concerned recess appointments to the National Labor Relations Board, and the right-wing Republican panel struck them all down, which I am sure is completely …
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CONTINUE READINGCall for Cabinet Nominations!
With all the heat generated by the nominations for the Secretaries of State and Defense, it is easy to overlook that President Obama must make nominations for four agencies critical to environmental policy: EPA, Interior, Energy, and USTR. And it says something that there do not seem to be obvious, strong candidates that environmentalists can …
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CONTINUE READINGThe Case Against CEQA “Reform” — San Diego’s Lame Transportation Plan
The movement to “reform” the California Environmental Quality Act (CEQA), a citizen-enforced law that requires public agencies to analyze environmental impacts of significant proposed projects, is gaining strength in 2013. Everyone from the Governor to the Senate President to business groups to public agencies are joining forces, singing the same anti-CEQA song. Their evidence that …
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CONTINUE READINGHow the EPA Saved America
If you don’t follow political blogs, you may not have noticed Kevin Drum’s outstanding story about how the decrease in crime over the last 20 years can largely be attributed to the sharp drops in lead ingestion. When I first heard the theory, I thought it was too good to be true, but Kevin’s story …
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CONTINUE READINGDeadly spike in Beijing’s air pollution
This graph shows recent air quality monitoring data (PM 2.5) from the U.S. Embassy in Beijing. As the New York Times noted, this spike—seen as a thick haze in the city—has been described as “postapocalyptic.” Thanks in no small part to the Clean Air Act, we have thus far avoided the need to walk around …
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CONTINUE READINGPreviewing This Week’s Oral Arguments in the Supreme Court’s Most Important Property Rights Case This Term
On Tuesday, the U.S. Supreme Court will hear oral arguments in what is shaping up as the Court’s most important property rights case of the current Term: Koontz v. St. Johns River Water Management District, No. 11-1447. What can we expect? Koontz is one of three Takings Clause cases on the Court’s docket this Term. …
CONTINUE READINGUC Berkeley report demonstrates need for strict resource shuffling rules in cap-and-trade
The Energy Institute at Haas, part of UC Berkeley, has a new study that looks at California’s rules for regulating electricity importers in the cap-and-trade program. These rules attempt to keep importers from gaming the cap-and-trade system via resource shuffling. The Energy Institute has simulated different counterfactual cap-and-trade rules using 2007 electricity market data. The …
CONTINUE READINGMore About the Distributional Impacts of a Carbon Tax
I’ve posted before about the equity effects of pricing carbon. A new paper from Brookings provides further evidence on the subject. The main conclusions are that a carbon tax is indeed regressive, but the problem could be fixed by spending about 10% of the proceeds on social welfare programs. The authors find that the direct …
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CONTINUE READINGSupreme Court overturns Ninth Circuit decision that held L.A. County Flood Control District liable for stormwater pollution in a poorly-reasoned, but narrow, decision
Today, the U.S. Supreme Court issued its opinion in Los Angeles County Flood Control District v. Natural Resources Defense Council. I’ve blogged about this case before, noting that the Supreme Court’s grant of review in this case was based on a completely mistaken premise. (If you’re unfamiliar with the case, the linked post explains in …
CONTINUE READINGEnvironmental Law and the Gun Debate
The horrifying events in Newtown have predictably led to calls for new gun controls, which have predictably led to push-back from gun rights advocates — some measured, some certifiable. For the most part, this debate has nothing to do with environmental law and policy, but there is an exception. The New York Times had an …
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