Regulation

Assessing California’s cap-and-trade design

How vulnerable will California’s cap-and-trade program for greenhouse gas emissions be to market manipulation, noncompliance, and fraud?  Will the program’s public auctions of allowances serve a critical regulatory purpose, or are they just a big money grab?  With about four months to go before the highly anticipated first auction, these questions are important and getting …

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The Romney Website’s Circular Blame Game

The Romney website portrays regulation as a huge drag on the economy.  But it can’t decide who’s to blame.  Is it all Obama’s fault?  Or not just Obama, but a whole succession of Presidents, many of them presumably Republicans?  Or is it bureaucrats who have overpowered all of these Presidents?  The website goes around in …

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Is Duke Energy Playing the Regulation Game?

Just a few hours prior to the July Fourth holiday, the New York Times reported that Duke Energy Corporation announced a $32 billion merger with Progress Energy, creating the nation’s largest utility.  It will serve more than 7 million customers throughout the southeast and midwest. Okay.  But buried in the story was this nugget: In …

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Did the Founding Fathers Believe in a Strong Federal Government? You Betcha.

The whole point of the Constitution was to give the federal government more power.

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C-Change.la and a Sea Change in Climate Change Communication

It has become increasingly clear that in order to address climate change effectively through carbon emissions reduction and adapting to new conditions, we will need new communication tools. Last week, I blogged about a new, groundbreaking climate impact study that projects the impacts of climate change on southern California’s communities at unprecedentedly high resolution.  What …

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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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