Regulation
Evaluating the claim that future environmental regulations have already made California the nation’s worst place to do business
I’m reasonably sure that chiefexecutive.net’s annual listing of “Best/Worst States for Business“ isn’t most people’s go-to source for information comparing various states’ business climates. Nonetheless, the website’s annual survey just came out, and the Sacramento Bee is covering it as a story (with a promise of more coverage to come). California — as usual — …
CONTINUE READINGInfill Builders at the State Capitol
Part of my work with UC Berkeley and UCLA involves gathering business leaders to discuss opportunities presented by climate change policies. In the case of real estate development, the common refrain from sustainable developers seems to be to tell government to get out of their way and let them build more walkable, mixed-use communities around …
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CONTINUE READINGAnother victim of the budget deal: key US greenhouse gas data?
It was my wonderful law school professor Gary Blasi who first introduced me to the idea that “what gets measured, gets done.” I’m thinking of him and reading this news in some mixture of awe (at our seeming collective ability to ignore problems) and anger (at same): The final fiscal year (FY) 2011 budget provides $95.4 …
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CONTINUE READINGGray Wolf Litigation Summary
I previously discussed the wolf delisting rider to the budget compromise bill. I thought it would be useful to summarize here the recent court opinions concerning the wolf, and consider the effects of the rider on those opinions.
CONTINUE READINGChanging Course on Consumption
We need to begin rethinking how much and what we consume, as well as how we produce the goods, services, and energy used by consumers.
CONTINUE READINGWhat Do Environmental Law Scholars Write About?
Some of our readers who aren’t in law schools probably wonder what environmental law professors actually do. (Some of our readers who are in law schools might be wondering the same thing!). I thought it might be helpful to provide a sample of recent scholarship. Here are recent lists of working papers from SSRN.com, which …
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CONTINUE READINGThink Tanks versus Advocacy Tanks
The mistake is viewing the Heritage Foundation as in some sense the counterpart of RAND, let alone the Harvard Economics Department — rather than being the pro-business counterpart of Sierra Club on environmental issues or of the AFL-CIO on labor issues.
CONTINUE READINGDamage Control for the States: Predicting the Outcome in AEP v. Connecticut
Yesterday I previewed Tuesday’s oral arguments in the U.S. Supreme Court’s American Electric Power v. Connecticut case, and two of my Legal Planet colleagues have already posted comments on certain aspects of those arguments. But let me cast discretion to the wind and predict the outcome of the case. Actually, it’s not that difficult a …
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CONTINUE READINGAEP v. Connecticut oral argument
This morning, the Supreme Court heard 75 minutes of oral argument in AEP v. Connecticut. My fellow blogger, Richard Frank, already gave us a preview of the arguments. SCOTUSblog has a nice recap of what happened this morning. I would just like to highlight a few points from the oral argument. First, the Justices seem …
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CONTINUE READINGExplaining EPA’s Authority Under the Clean Air Act to Address Climate Change
In a new white paper by the Center for Progressive Reform (CPR), Amy Sinden and I try to clear up some misconceptions about climate change and the Clean Air Act. Critics of EPA maintain that the Clean Air Act is somehow an inappropriate tool to address greenhouse gas (GHG) emissions, and that EPA should be …
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