Recent Projects

This policy brief evaluates how willingness to pay (WTP) for a flood protection system varies with exposure to flood risk, using detailed flood maps and parcel-level data to identify households within and just beyond the 100-year flood plain in New York City. Past research has estimated that a homeowner’s WTP for flood insurance is largely contingent upon their risk level. However, no studies to date have analyzed the WTP for other forms of flood protection. We conducted a survey of single-family homeowners living in the 100- and 500-year flood plains in New York City, and found that WTP for flood control systems varies with the degree of risk that homeowners face. While the majority of residents living in the 100- year flood plain were willing to pay up to $10 a month to contribute to the cost of a seawall, the majority of residents living in the 500-year flood plain, an area that has a 0.2% risk of flooding in any given year, were only willing to pay up to $7 a month. These results are consistent with other studies demonstrating that risk—actual or perceived—plays a large role in individuals’ WTP for protection from floods.

On September 27, opponents of the U.S. Environmental Protection Agency’s Clean Power Plan presented their case against the rule in a hearing before the U.S. Court of Appeals for the D.C. Circuit. The Clean Power Plan aims to reduce carbon dioxide emissions from the nation’s existing power plants. A coalition of states, utilities, coal companies, and other industry groups have sought to block the rule since it was first proposed in June 2014, while a competing group of states, municipalities, power companies, environmental and public health organizations, and clean energy producers have intervened to support the EPA. Over the course of the seven-hour hearing, the petitioners challenging the Clean Power Plan asserted and implied a number of things that don’t stand up to scrutiny. This report sets the record straight on some of their more notable misstatements.

During the period of détente in the 1970s, a Norwegian proposal to construct an air pollution monitoring network for the European continent resulted in the first concrete collaboration between the communist and capitalist blocs after the 1975 Helsinki Accords. Known as the “European-wide monitoring programme” or EMEP, the network earned considerable praise from diplomats for facilitating cooperation across the Iron Curtain. Yet as this article argues, EMEP was strongly influenced by the politics of détente and the constraints of the Cold War even as it helped to decrease tensions. Concerns about national security and sharing data with the enemy shaped both the construction of the monitoring network and the modeling of pollution transport. The article proposes that environmental monitoring systems like EMEP reveal the ways in which observational technologies can affect conceptions of the natural world and the role of science in public policy.

Royalties have been used as a policy lever to influence behavior and meet national goals for centuries. For example, royalties have been set at specific rates in order to: encourage resource production; encourage westward expansion; maintain the incentive to create new inventions; and deter socially undesirable behavior, to name just a few. This report concludes that it would be reasonable for Interior to adjust coal royalty rates to account for negative externalities that are not otherwise addressed by regulation. Historical uses, accepted economic justifications, legislative history, and examples of royalty use by private actors and in other industries discussed in the paper all support the determination that it would be reasonable for Interior to increase coal royalty rates to account for externality costs and to better align the federal coal program with national climate change priorities.

This policy brief analyzes the limits of the EPA’s Section 111 regulatory authority and determines that the CPP explicitly acknowledges and respects each of the EPA’s statutory constraints. The brief discusses the eight major constraints for emissions guidelines under Clean Air Act Section 111, and examines how the CPP handles each one. The analysis finds no evidence to support petitioners’ accusations that the the EPA exceeded its regulatory authority.

U.S. climate regulations present a special case of federal agencies applying a global, rather than exclusively domestic, perspective to the costs and benefits in their regulatory impact analyses. Since 2010, federal agencies have emphasized global valuations of climate damages for policies that affect carbon dioxide emissions, using a metric called the “Social Cost of Carbon.” More recently, agencies have also begun to use a global valuation of the “Social Cost of Methane,” for methane emissions. Yet lately, these global metrics have come under attack in courtrooms and academic journals, where opponents have challenged the statutory authority and economic justification for global values. This paper defends a continued focus on the global effects of U.S. climate policy, drawing on legal, strategic, and economic arguments.

Federal law requires coal companies to reclaim and restore land and water resources that have been degraded by mining. But at many sites, reclamation occurs slowly, if it all. Mining companies are required to post performance bonds to ensure the successful completion of reclamation efforts should they become insolvent, but regulators have discretion to accept “self-bonds,” which allow many companies to operate without posting any surety or collateral. As the coal industry experiences financial distress and coal companies declare bankruptcy, the viability of future reclamation work is endangered. This report offers recommendations to help regulators better assess coal companies’ financial health and take steps to curtail self-bonding.

In this article, we argue that fundamental reform is necessary and highlight a series of key themes and topics that must be addressed to improve the regulatory process and promote better, more consistent management outcomes. While the article draws on examples from frontier areas-in particular the U.S. Arctic Ocean-the recommended changes would apply to and benefit all areas of the OCS.

This report highlights twelve policy and procedural recommendations for the review of the federal coal program. These reforms are intended to help modernize program and so that it can provide maximum net benefits to American taxpayers. The programmatic review should identify opportunities to increase revenue, reduce greenhouse gas emissions, and align federal land management with U.S. climate change goals, paying enormous dividends to the public.

The most efficient legal tool for addressing U.S. climate pollution can likely be found in an unused provision of the Clean Air Act. Section 115 of the Act, titled “International Air Pollution,” authorizes the EPA to develop and implement an economy-wide, market-based program to reduce domestic greenhouse gas emissions. This article, jointly authored by a team of law professors and attorneys at three of the country’s leading institutes focused on climate change and environmental law, offers an in-depth analysis of Section 115, which would provide the most flexible approach for achieving the targets from the Paris climate agreement.