Regulation
U.S. Supreme Court Rejects Montana’s River Ownership Claims
The U.S. Supreme Court has issued its decision in PPL Montana v. State of Montana, a fascinating case that combines the colorful history of the American West, the issue of the public’s access to state waterways, and a dispute over hefty royalties claimed to be owed the State of Montana for unpermitted use of public …
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CONTINUE READINGLegal Planet Takes Over the Yale Law Journal
Along with Dan, I also have a response to the Ewing/Kysar paper at YLJ Online. (For those of your keeping score at home, two out of three commissioned responses were Legal Planet bloggers: we win!). It should surprise no one that while Dan’s is elegant and technical, mine is cranky and dyspeptic. Here’s the abstract: This …
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CONTINUE READINGProds and Pleas/Stopgaps and Failsafes
In a recent article in the Yale Law Journal, Benjamin Ewing and Douglas Kysar discuss how other part of government can step in when Congress defaults on its responsibility to make public policy. Their article, Prods and Pleas: Limited Government in an Era of Unlimited Harm, focuses on the tort litigation involving climate change. Using …
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CONTINUE READINGPlacing a Ceiling on Protection for Public Health
Governor Romney has endorsed an idea called regulatory budgeting, but it really means capping protection for public health. Romney’s position paper explains the concept as follows: To force agencies to limit the costs they are imposing on society, and to provide the certainty that businesses crave, a system of regulatory caps is required. As noted, …
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CONTINUE READINGNew Pritzker Brief on Green Chemistry
If you have not yet seen it, I encourage you to check out our newest Pritzker Policy Brief, on California’s Green Chemistry regulations. Written by our own Timothy Malloy, Toxics in Consumer Products takes a critical look at these new regulations. Fellow blogger Matt Kahn mentioned the other day that he was a big fan of California’s …
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CONTINUE READINGCalifornia’s Attorney General Steps Up Environmental Enforcement Efforts
A recent development worth noting is California Attorney General Kamala Harris’ increased profile when it comes to environmental enforcement. Harris, the first woman and minority Attorney General in California history, had a busy first year in office. Her razor-thin election win in November 2010 took over a month to be confirmed, delaying her transition from …
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CONTINUE READINGNinth Circuit Dumps U.S. Forest Service’s Sierra Plan, Bureaucratic-Speak
The U.S. Court of Appeals recently issued a major decision invalidating the U.S. Forest Service’s 2004 Plan directing the USFS’s management of the 11 national forests (totaling 11.5 million acres) in the Sierra Nevada range. A divided Ninth Circuit panel found that the environmental impact statement accompanying the Bush Administration plan–which loosened logging and grazing …
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CONTINUE READINGWhy the Right Has Run Out of Ideas
Most policy tools are no longer considered acceptable by many on the Right. If you have no tools to solve a problem, all you can do politically is to insist that the problem does not exist, is really a blessing in disguise, or will be automatically solved by the market and technological progress.
CONTINUE READINGSenator Santorum and the Environmental Chalice of Evil
Here is what Santorum said yesterday (from Politico): “You hear all the time, the left: ‘Oh, the conservatives are the anti-science party.’ No we’re not. We’re the truth party,” the former Pennsylvania senator said at a campaign event in Oklahoma City. “Because the left is always looking for a way to control you. They’re always …
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CONTINUE READINGIs Bureaucratic Leadership an Oxymoron?
History shows that that those much-maligned bureaucrats are sometimes the unsung heroes of policy improvement.
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