Regulatory Policy
Reassuringly Stupid
The House GOP’ is trying to stop the Pentagon from thinking about climate change. Here’s why it won’t work.
The military considers climate change to be a threat to national security. Naturally, that’s news that the House Republicans would like to suppress. Last week, they tried to do something about it with an appropriations rider. Luckily, the amendment is so poorly drafted that it would accomplish almost nothing. Here’s the language of the amendment: None …
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CONTINUE READINGInsurance for Climate Disasters
Nobel-prize winning economist Robert Schiller has a New York Times op-ed about the need for insurance against risks of climate change. Speaking of the latest U.S. climate assessment, he writes: After discussing how to mitigate the coming dangers, the report says, “Commercially available mechanisms such as insurance can also play a role in providing protection against …
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CONTINUE READINGThom Tillis, the GOP Establishment, and the Environment
Tillis is not a Tea Party extremist on regulatory issues, but he’s also been no friend of environmental protection .
Thom Tillis’s victory in the North Carolina primary for U.S. Senate was widely seen as a victory for the Republican Establishment over the Tea Party. What does this mean on environmental issues? In other word, where do “Establishment Republicans” stand on the environment? In Tillis’s case, lowering regulatory costs seems to be the highest priority. …
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CONTINUE READINGEmissions Trading and the Supreme Court
Advocates of cap-and-trade should find support from the Supreme Court’s opinion in the cross-state pollution case.
In a number of areas, including climate change regulations, a key question is EPA’s power to control compliance costs. A particularly important method is the use of cap-and-trade systems. For instance, there has been considerable discussion of whether EPA could authorize states to use cap-and-trade to control greenhouse gas emissions from power plants, as opposed …
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CONTINUE READINGTurning Water Into Wine: An “Unreasonable Use” of Water in California?
Pending Litigation Likely to Affect Scope of California Constitution’s Ban on Waste & Unreasonable Use of Water
Today a California appellate court in San Francisco heard arguments in a case that is likely to affect how broadly–or narrowly–California’s State Water Resources Control Board can apply the state’s most powerful water law. The case, Light v. California State Water Resources Control Board, involves a challenge by wine grape growers in the Russian River watershed …
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CONTINUE READINGQuantifying Environmental Justice (& Injustice) in California–An Update
California Improves an Already-Powerful Environmental Justice Analytical Tool
A year ago, I wrote about an important environmental justice initiative pioneered by the California Environmental Protection Agency and its subsidiary entity, the Office of Environmental Health Hazard Assessment. That 2013 initiative, titled CalEnviroScreen, divided up the State of California by zip code, applied 11 environmental health and pollution factors, assessed each of the state’s …
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CONTINUE READINGBreaking News: Supreme Court’s Decision Upholding Cross-State Air Rule Is Good Sign for Greenhouse Gas Rules
Huge victory for EPA in regulating air pollution that crosses state lines
The Supreme Court’s 6-2 decision issued this morning in EPA v. EME Homer, upholding the agency’s rule to control air pollution that crosses state boundaries, gives plenty of reason for optimism that the Court will also uphold EPA’s greenhouse gas rules at issue in a different case, Utility Air Regulator Group v. EPA. Both cases …
CONTINUE READINGA Victory for Clean Air
The D.C. Circuit has upheld EPA’s regulation of mercury from coal-fired plants. We can all breath easier as a result.
EPA won an important victory in the D.C. Circuit today. In White Stallion Energy Center v. EPA, the court upheld EPA’s new regulations limiting mercury from coal-fired power plants. The main issue in the case was about a threshold requirement for regulation. Before setting limits on mercury from coal plants, EPA had to consider studies of …
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CONTINUE READINGThe Missing of Summer Lawns*
It’s Time to End the Wasteful Practice of Irrigating California’s Residential Landscaping With Fresh Water
What a difference a drought makes. Once upon a time, a fundamental attribute of home ownership in California and the American West was an expansive, verdant lawn surrounding private homes, townhouses and apartment complexes. Indeed, some communities have historically imposed permit conditions or adopted local ordinances mandating the inclusion and maintenance of lush, healthy lawns …
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CONTINUE READINGWill Regulatory Takings Always Be A Mess?
Takings law is a legal quagmire. It’s likely to stay that way.
I recently reread an article that my late colleague Joe Sax published exactly fifty years ago. It’s a striking piece of scholarship, all the more impressive so early in his career. But one particular statement made a particular impression on me: “Nevertheless, the predominant characteristic of this area of law is a welter of confusing …
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