Regulation

Obama’s 80% “Clean” Energy Goal: Ambitious or Inevitable?

In a recent post on Grist, Keith Schneider found President Obama’s 80% “clean” energy goal rather incredible: Arguably the central provision of President Obama’s State of the Union address last night was the proposal to generate 80 percent of the nation’s electricity from clean energy sources by 2035 — including nuclear energy and “carbon capture and …

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Can Obama’s Car Emissions Deal Work for Utilities?

Politico ran a little noticed article last week suggesting that the nation’s utilities are exploring whether they can cut a deal with the Obama Administration to regulate their greenhouse gas emissions.   The idea is to model a deal after the plan the car companies entered into with the Obama Administration to extend California’s car …

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California Environmental Blueprint: Environmental monitoring & modeling

This post is the second in our ongoing series on our Environmental Blueprint for California. In our Blueprint, we recommended that Governor Brown establish an independent, statewide agency or council devoted to compilation, modeling, prediction and presentation of environmental quality data. I want to elaborate on what this agency might look like and why we believe …

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Obama’s Cost-Benefit Executive Order

Last week, President Obama issued a new executive order on cost-benefit analysis   The order also promised a retrospective review of old rules to weed out the duds.  Business interests were pleased, environmentalists were dismayed. Politically, the new executive order makes perfect sense.  To be reelected and keep control of the Senate, he needs to win …

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Funding dam removal

Many of you have probably heard of the settlement agreements in Klamath River Basin. For those who have not, the short version is that most participants signed two agreements: the Klamath Basin Restoration Agreement and the Klamath Hydroelectric Settlement Agreement. The Hydroelectric Settlement lays out a process that could culminate in the removal of four …

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A Roadmap for Sustainable Consumption

Individual consumption – including household heating and cooling as well as non-business transportation – creates roughly one-third of U.S. energy use and carbon emissions. It would feasible to reduce these emissions by twenty percent in a decade: there is a lot of low-hanging fruit yet to be picked. A range of individual actions, while seemingly …

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New CEQ Guidance on NEPA & Mitigation

The CEQ has issued new guidance to agencies regarding the use of mitigation.  An environmental impact statement is required when a project has a significant environmental impact. Agencies frequently avoid the need for a full-scale environmental impact statement with plans to mitigate the impacts below the threshold of significance.  NEPA aficionados call this a “mitigated …

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Everything You Always Wanted to Know About Federal Preemption But Were Afraid to Ask

When is a state law preempted by a federal law on the same subject?  This is a notoriously messy area of Supreme Court jurisprudence.  For those interested in a quick introduction to the subject, I’ve written a paper that provides an overview of federal preemption law, which appears on the site of the Uniform Law …

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Ninth Circuit affirms that ignorance is bliss

Lack of information is a continuing problem for environmental policy. In part, that’s unavoidable; we’ll never know enough about the world around us to be confident that we’re making the best choices. In part it is because potential regulatory targets control some needed information. And in significant part it’s because decisionmakers have a tendency to …

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“Cementing” the GOP’s Environmental Policy in Place

EPA’s cement rule would save roughly one life per year for every job lost. You have to wonder about the value systems of the folks who oppose the rule.

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