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  • Medical device case could impact global warming debate

    In last week's negotiations over the energy bill, one of the most significant victories for proponents of getting serious about global warming came when Speaker Nancy Pelosi stood up to yet another attempt to short-circuit efforts by over a dozen states to demand cleaner cars.

    The issue on which Pelosi convinced Rep. John Dingell (D-Mich.) and other auto industry allies to back down, known in legal circles as "preemption," has emerged as a lightning rod in global warming politics. The focus on preemption has only intensified in the wake of the Supreme Court's ruling this April in Mass v. EPA, recent developments in the states, and the current confused state of Supreme Court preemption law.

    Things could get better or worse depending how the Court disposes of a case that was argued on Tuesday. On its face, Riegel v. Medtronic, about liability for faulty medical devices, doesn't have anything to do with global warming. It could, however, be a turning point in preemption doctrine, and thus have a significant long-range impact on the global warming/federalism/politics mix.

    The Legal and Political Landscape

    My boss, Doug Kendall, noted the dynamic at stake back in May, in a Knight Ridder op-ed assessing the potential impact of Mass v. EPA:

  • Why cap-and-trade is preferable to a carbon tax

    The Washington Post ran an interesting op-ed in its Think Tank Town section last week, arguing for a carbon tax. The nut graph:

    The only effective way to begin reducing greenhouse gas emissions and slow global climate change is to make it more expensive to emit carbon dioxide. Unless businesses and consumers pay a price for carbon dioxide, neither will make the investments in technology and changes in energy use needed to dramatically reduce emissions.

    Rock on, Think Tankers. But that's just the start of the goodness. The authors -- two researchers from RAND Corporation -- also put forth a nifty idea about how to cushion the economic impacts of new taxes:

  • Obama expecting ‘serious conversation’ about ‘drastic steps’ on climate change

    There was — see if this sounds familiar — almost nothing about climate or energy in the recent Democratic primary debate hosted by NPR. There was one intriguing tidbit at the end, however, triggered off this question from a listener: Mr. JAMES IRWIN: What do you think the toughest choice you have left to make […]

  • Senate Environment Committee approves Lieberman-Warner climate bill

    A climate bill with a mandatory cap on U.S. CO2 emissions cleared a significant hurdle yesterday. America’s Climate Security Act, cosponsored by Sens. Joe Lieberman (I-Conn.) and John Warner (R-Va.), was voted through by the Senate Environment and Public Works Committee after an endurance-testing nine and a half hour hearing. It will now go to […]

  • Why clean coal is so darn appealing

    Andy Revkin has a great op-ed over on NYT, laying out our collective coal dilemma and the difficulty in communicating effectively about it. I’ve been pondering why clean coal — a climate solution that does not yet so much as, um, exist — has taken on such talismanic quality in energy discussions, like a crucifix […]

  • Part of “Healthy Forests” law struck down by court for skirting eco-reviews

    A key part of the Bush administration’s “Healthy Forests” law, passed in 2003, was effectively struck down this week by a federal appeals court. The “hazardous fuels reduction” rule let the U.S. Forest Service get out of analyzing the environmental impacts of timber sales up to 1,000 acres in size and prescribed burns up to […]

  • The neverending debate on corn ethanol continues

    This is my response to Brooke Coleman's response to, uh, this response ...

    Welcome back, Brooke.

    I do think ethanol is better than oil ...

    Hundreds of millions of Americans do not "think" that the theory of evolution is valid. What you or I want to believe is largely irrelevant. The arguments we bring to the table to back up what we "think" is what matters. The following graphic is an attempt to explain a concept called leakage -- the fatal flaw in any attempt to divert food crops to gas tanks:

    leakage

    Pop in to visit Biofuel Bob while you're at it.

  • How many Texas mayors does it take … ?

    ... to change the lightbulbs Texans use?

    The answer turns out to be ... five:

  • Boxer statement

    Barbara Boxer is, of course, glowing:

  • Severe precipitation in U.S. significantly increased over past half-century, says report

    The number of severe rainfalls and snowstorms across the U.S. has increased by around 24 percent in the last 50 years, says a new report from green group Environment America. In five states — Louisiana, Massachusetts, New York, Rhode Island, and Vermont — instances of heavy precipitation have jumped by more than 50 percent. Let’s […]