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National Journal's Energy & Environment Experts

+ Earlybird updated Wednesday, March 17, 2010 

Energy & Environment: Recession Eclipses Concerns About Warming

• "Americans' worries about environmental issues have hit a 20-year low, largely because of economic concerns, according to a Gallup Poll released Tuesday," USA Today reports.

• Senate Majority Leader Harry Reid, D-Nev., "Tuesday said the options for moving climate and energy legislation this year remain open, while former President Bill Clinton tried to help rally support among some skeptical Senate Democrats for such an initiative," CongressDailyAM (subscription) reports.

• "Climate bill supporters are leaning toward exempting big oil companies from a broader cap on greenhouse gases as a way of winning critical support from industry players and key lawmakers," Politico reports.

• "Wall Street's contribution to the debate on how to curb global warming: Buy coal, sell solar," Bloomberg News reports.

Contributor

Biography provided by participant

Jonathan H. Adler is Professor of Law and Director of the Center for Business Law & Regulation at the Case Western Reserve University School of Law, where he teaches courses in environmental, administrative, and constitutional law. Professor Adler is the author or editor of four books on environmental policy and over a dozen book chapters. His articles have appeared in publications ranging from the Harvard Environmental Law Review and Supreme Court Economic Review to The Wall Street Journal and The Washington Post. Professor Adler is a contributing editor to National Review Online and a regular contributor to the popular legal blog, "The Volokh Conspiracy." A 2007 study identified Professor Adler as the most cited legal academic in environmental law under age 40, and his recent article, "Money or Nothing: The Adverse Environmental Consequences of Uncompensated Law Use Controls," published in the Boston College Law Review, was selected as one of the ten best articles in land use and environmental law in 2008.

In 2004, Professor Adler received the Paul M. Bator Award, given annually by the Federalist Society for Law and Policy Studies to an academic under 40 for excellence in teaching, scholarship, and commitment to students. In 2007, the Case Western Reserve University Law Alumni Association awarded Professor Adler their annual "Distinguished Teacher Award." Professor Adler serves on the advisory board of the NFIB Legal Foundation, the academic advisory board of the Cato Supreme Court Review, and the Environmental Law Reporter and ELI Press Advisory Board of the Environmental Law Institute. A regular commentator on environmental and legal issues, he has appeared on numerous radio and television programs, ranging from the PBS "Newshour with Jim Lehrer" and NPR's "Talk of the Nation" to the Fox News Channel's "O'Reilly Factor" and "Entertainment Tonight."

Prior to joining the faculty at Case Western, Professor Adler clerked for the Honorable David B. Sentelle on the U.S. Court of Appeals for the District of Columbia Circuit. From 1991 to 2000, Professor Adler worked at the Competitive Enterprise Institute, a free market research and advocacy group in Washington, D.C., where he directed CEI's environmental studies program. He holds a B.A. magna cum laude from Yale University and a J.D. summa cum laude from the George Mason University School of Law.

Recent Responses

March 8, 2010 09:41 AM

By the EPA's own reckoning, it is practically impossible for the agency to apply the Clean Air Act as written to greenhouse gas emissions. According to EPA, "administrative necessity" requires it to rewrite the Act's express language so as to begin regulating GHGs from stationary sources without bringing down the entire stationary soruce permitting regime. The source of the problem is the EPA's misguided effort to apply the Clean Air Act to GHGs, as required by the Supreme Court's mistaken opinion in Massachusetts v. EPA. Rather than watch the EPA try to rewrite the Act to avoid "absurd results," Congress should put an end to the whole enterprise. The Clean Air Act was never intended to apply to GHGs, and Congress should make that clear.

While few negative political consequences will come from delaying EPA regulation, such legislation only delays the inevitable -- and Congress will have to revisit the issue again. EPA is already doing everything it can to avoid imposing GHG regulations on the one-million-plus sources that must be regulated

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