Regulatory Policy
Lessons from Aliso Canyon, Part I
Regulation of the Oil and Gas Sector
Since October 23, 2015, a leak in a natural gas well has been releasing methane gas near the Porter Ranch neighborhood of Los Angeles. Although methane is invisible and odorless, gas companies add odorants to alert people to leaks, and it is these additives, usually mercaptans, that experts believe are causing the physical effects suffered by …
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CONTINUE READINGEPA Wins the First Round in Clean Power Plan Litigation
…But this is just the beginning—and the Supreme Court will have a say
As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …
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CONTINUE READINGBig Win For Clean Technology In The Supreme Court Today
Court validates federal rule to encourage more efficient electricy usage
The future of a clean electricity grid will require more decentralization based on clean technology, like solar and energy storage. Large industrial customers are investing in these technologies and also signing up to moderate their electricity demand in response to larger grid needs (i.e. reducing usage when electricity becomes expensive and dirty to produce). Smaller …
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CONTINUE READINGLegacy Goods and Environment Preservation
The value of some goods like wilderness today depends on their futures.
Normally, economists imagine, equal experiences become less valuable as they recede further into the future. But some types of goods don’t have that kind of relationship with future experiences. They can become more valuable as they extend farther into to the future. Take this blog post, for example. I’m really happy that you’re reading it …
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CONTINUE READINGThe Perverse Growth of the “Job Killing” Meme
As unemployment goes down and down, talk about “job killing regulations” goes up and up.
We’ve had a number of posts about the claim that regulations cause major job losses. The evidence doesn’t support this claim. (See this post from October). But the claim at least seemed understandable in the depths of the recession, when people were desperately worried about unemployment. The weird thing is that as unemployment has gone …
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CONTINUE READINGTraitors, Militias, Welfare Moochers, or Lobbyists?
Those Who Took Over the Oregon Wildlife Refuge are Robbing the Rest of Us
The Internets are filled with excellent (and some not-so-excellent) commentary on the right-wing militia takeover of a building in Oregon’s Malheur National Wildlife Refuge: I recommend this piece from the great Charles Pierce on the meta-political aspects. But the standoff is suffused with legal issues, and for Legal Planet readers, particularly environmental legal issues. At FiveThirtyEight, …
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CONTINUE READINGKey Environmental Developments Ahead in 2016
Here are seven of the most important developments affecting the environment.
2015 was a big year for agency regulations and international negotiations. In 2016, the main focal points will be the political process and the courts. Here are seven major things to watch for. The Presidential Election. The election will have huge consequences for the environment. A Republican President is almost sure to try to roll back most …
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CONTINUE READINGNewsflash: Senate Passes TSCA Reform
A New Chapter In the Effort To Reform Federal Chemical Regulation For the First Time in 40 Years
In a striking turn of events, last night the Senate passed a newly revised version of the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which would reform the Toxic Substances Control Act (TSCA) for the first time in four decades. A summary of the bill’s provisions and analysis of the differences between …
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CONTINUE READINGCalifornia Supreme Court Hands Air District, Environmentalists Qualified Win
Justices’ Unanimous Opinion Addresses Key “Scope of CEQA” Issue
In a closely-watched case, the California Supreme Court today issued a unanimous decision on the scope of the California Environmental Quality Act (CEQA), California’s most important and heavily-litigated environmental statute. That decision is unlikely to fully satisfy either side in the litigation, though over the long-term it would seem to favor local regulators and their …
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CONTINUE READINGDoes the Paris Agreement Open the Door to Geoengineering?
If we’re serious keeping warming “well below 2°C, geoengineering may be necessary.
The Paris establishes an aspiration goal of holding climate change to 1.5°C, with a firmer goal of holding the global temperature decrease “well below” 2°C. As a practical matter, the 1.5°C goal almost certainly would require geoengineering, such as injecting aerosols into the stratosphere or solar mirrors. Even getting well below 2°C is likely to …
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