Regulation

DC Circuit’s Unanimous Decision to Uphold Greenhouse Gas Rules Across the Board Major Victory for EPA

As Dan just noted, the U.S. Court of Appeals for the D.C. Circuit — in a unanimous decision — handed the U.S. EPA a sweeping victory in upholding across the board four separate components of the agency’s rules to regulate greenhouse gas emissions.  The opinion can be found here. A little background is in order …

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Putting a Cap on the Green Paradox

The Green Paradox holds that emission control measures scheduled for the future can backfire.  Foreseeing a smaller market in the future, fossil fuel sellers decide to unload more of their reserves now by cutting prices.  A recent report from Resources for the Future provides more details if you’re interested (though the details don’t matter for …

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Supreme Court Declares Juries Responsible for Assessing Criminal Fines in Environmental Enforcement Cases

The Supreme Court on Thursday handed down its third and final environmental law decision of its current Term. (The case, Southern Union v. United States, is also significant for being the first criminal environmental enforcement case in the Court’s history)  In a 6-3 decision, the justices ruled that criminal penalties sought by federal prosecutors in …

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In the Supreme Court’s Crosshairs: the Ninth Circuit’s Environmental Jurisprudence

All eyes will be on the U.S. Supreme Court this week, as the justices conclude their current Term and, among other things, issue their long-awaited decision(s) on the constitutionality of the newly-enacted federal healthcare law. But the Supreme Court also has some other, key decisions to make as to whether to take up four controversial environmental cases from …

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California Court of Appeal Upholds AB 32 Scoping Plan for Greenhouse Gas Reduction

Today, the California Court of Appeal  rejected an appeal by environmental justice advocates seeking to scuttle the California Air Resources Board’s AB 32 Scoping Plan.  EJ advocates objected to the Scoping Plan’s adoption of a cap-and-trade program to achieve some of the greenhouse gas reductions required under the landmark California law AB 32.  Their primary …

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Emmett Center and NRDC Publish New Report on the Environmental, Energy, and Fiscal Benefits of Smart Roofs

My colleague and co-blogger Cara Horowitz has just published a new report on the potential benefits of adoption of “smart roofs” throughout Southern California.  Looking Up: How Green Roofs and Cool Roofs Can Reduce Energy Use, Address Climate Change, and Protect Water Resources in Southern California, co-authored with UCLA Law alumnus Noah Garrison of NRDC, …

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The T-Shirt’s Tale

After letting it sit on my shelf for about a year, I finally got around to reading Pietra Rivoli’s book, The Travels of a T-Shirt in the Global Economy.  The subtitle is “An Economist Examines the Markets, Power, and Politics of World Trade.”  That’s accurate but makes the book sounds pretty dry and academic.  The …

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Mourning An Uncommon Student of the Commons

Elinor Ostrom, winner 0f the Nobel economics prize, died earlier today.  She is best known for her work on how groups manage common resources such as fisheries.  The “tragedy of the commons” is a theory that these common resources will inevitably be destroyed unless they are privatized or regulated by governments.  Professor Ostrom showed that …

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EJ Advocates Renew Efforts to Block Cap and Trade

There are weighty arguments against the EJ position. Even if EJ advocates remain unpersuaded, they should recognize that it is possible to disagree with their views in good faith.

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Who Took the “Think” Out of Think Tanks?

The American Enterprise Institute is an interesting organization, often shrilly ideological but also scholarly from time to time.  I was curious to find out what kind of research they were doing on climate change. I did find some interesting policy papers on their webpage on the topic of climate policy. But here’s the surprising part: …

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