Regulation
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 …
CONTINUE READINGIn 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 …
CONTINUE READINGCalifornia 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 …
CONTINUE READINGEmmett 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, …
CONTINUE READINGThe 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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CONTINUE READINGMourning 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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CONTINUE READINGEJ 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.
CONTINUE READINGWho 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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CONTINUE READINGEnvironmental Protection and Conservative Values
Tom Friedman had an interesting column yeserday about conservatism and the environment. As he points out, the current wave of anti-environmentalism is out of line with Republican traditions: “Teddy Roosevelt bequeathed us national parks, Richard Nixon the Clean Air Act and the Environmental Protection Agency, Ronald Reagan the Montreal Protocol to protect the ozone layer …
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CONTINUE READINGIs Environmentalism Bad for Fighting Climate Change?
Sure, it sounds like a paradox. The environmental movement has done a lot of good for the planet and for pollution. But in the face of the greatest environmental threat of our time, the movement may be fundamentally ill-suited to tackle the climate crisis. For most of its history, environmentalism has essentially been about stopping …
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