Regulation

California Governor Brown Signs CEQA Reform Bills

Today California Governor Jerry Brown signed into law legislation amending the California Environmental Quality Act (CEQA) to facilitate construction of both a major new sports stadium in downtown Los Angeles and large “environmental leadership development projects” involving financial commitments of at least $10 million and that incorporate substantial urban infill or renewable energy components. This …

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TRAIN Wreck!

From a political point of view, it’s really interesting to see this melding of special interest legislation with populist appeals to the economy. It’s a little discouraging to see these efforts to increase air pollution, however, if you or your family members happen to have asthma or other respiratory issues, or if you just care about the environment.

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Jobs & Regulation Revisited

Blake Hudson called my attention to a nice post on this subject at ProPublica.  The post has links to two very interesting documents. The first is to a Census Bureau report showing that hardly any employers attribute layoffs to regulatory burdens.  The other is to a very careful study by Dick Morgenstern, a highly respected …

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What EPA should do with its delayed performance standards for GHGs

On September 15, EPA announced that it would not meet its September deadline for proposing performance standards for greenhouse gas (GHG) pollution from power plants. (That is the second delay; this proposal was originally scheduled for July 2011.) Some are asking if this delay is a big deal, and several environmental leaders sent President Obama …

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The Ozone Rule: What Sunstein Didn’t Say

On September 2, Cass Sunstein wrote a letter to Lisa Jackson about the ozone rule, “requesting” that EPA withdraw the regulation.  Beyond the fact that it was written at all, the letter is remarkable for its significant silences: Although the letter notes that the rule was based on science that is five years old, it …

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Major, Proposed CEQA Amendments Sent to California Governor Jerry Brown

In the waning hours of its just-concluded session, the California Legislature passed and sent to Governor Jerry Brown a package of bills that, if signed into law by Brown, will represent the most significant amendments to the California Environmental Quality Act (CEQA) in many years.  I believe it’s likely Brown will approve some or all …

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A dangerous bill

California is known in the United States for its aggressive environmental laws, some of the most aggressive in the United States.  One of the key reasons for that reputation is the California Environmental Quality Act (CEQA).  CEQA is similar to the federal National Environmental Policy Act (NEPA) in that it requires a public review of …

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Ten Fatal Flaws in the “Regulatory Uncertainty” Argument

Given its obvious flaws, the whole “regulatory uncertainty” argument has the feel of something invented by some clever political operative rather than a sincere policy view.

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When Agencies Want to Get Sued

The Friday afternoon before Labor Day announcement by the White House that it would not lower the ozone standards under the Clean Air Act has received (rightly) a whole lot of criticism.  There’s been a fair amount of speculation among environmental law observers about the legality of the decision (including Dan).  What’s interesting is that …

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Two weeks of protest against Keystone XL ends Saturday

Two weeks of civil disobedience and protest against the Keystone XL pipeline ends this Saturday (Sept. 3), with a rally and final sit-in. Over 1,000 people have been arrested, including my former professor , Gus Speth. The protestors want President Obama to deny a permit to construct a pipeline to bring oil from Canadian tar …

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