Regulation

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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WARNING: Individual Research Findings and Economic Models May Not Be Fully Grounded.

A couple of weeks ago, a major paper on the economics of government deficits turned out to have huge flaws. Matt and Jonathan have already had something to say about this, but I’d like to add some thoughts about the implications for environmental issues.“Interesting,” you say, “But what does that have to do with the …

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The problem of stale NEPA reviews

There’s been a mini-boom in uranium mining in the United States, in part because of increased interest in nuclear power as a partial response to climate change.  Using nuclear power to reduce greenhouse gases has been quite controversial because of the obvious risks that nuclear power poses (exemplified by the Fukushima disaster in Japan). But …

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A Strong OIRA Pick

I was traveling and missed the news about the selection of Howard Shelanski to replace Cass Sunstein as head of OIRA, the White House office that oversees government regulations.  Or, regulatory czar, in simpler terms. He’s a terrific pick. Howard was on the faculty here when I first came to Berkeley and got to know …

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Environmental Justice, Metrics & California’s San Joaquin Valley

This week the California Environmental Protection Agency issued a disturbing but worthwhile report on environmental justice issues in California. That report confirms what many environmental justice advocates and state residents already assumed: that the San Joaquin Valley is–far and away–the most environmentally-challenged region of the state. According to the CalEPA press release accompanying the report, …

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Going Global with CBA

For those who are not fans of CBA, its international spread may seem like a worrisome possibility. But for environmentalists, CBA may work out better than it has in the United States.

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