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January 24, 2025

Trump’s Big, Bold AI Gamble

What a difference a week makes. As others and I have predicted, newly-inaugurated President Trump rolled back much of his predecessor’s policy approach to artificial intelligence (AI). But few forecasted just how stark the contrast has been. Last week, before the inauguration, I argued that Trump should reverse outgoing President Biden’s ill-considered Executive Order on AI. As…

January 24, 2025

Two Cautions on the Trump Energy/Environment Executive Orders

The Trump “Day One” executive orders on energy and environment policies are worthy of applause because they implement a shift toward market forces in place of central planning as the dominant institution driving resource allocation in the various energy sectors. At the same time, two of the executive orders are problematic: the exit from the Paris climate agreement, and…

January 22, 2025

Liability Elasticity and Other Policy Concerns Underlying Social Media Addiction Lawsuits

Lurking beneath today’s raft of social media addiction lawsuits blaming platforms for harming minors are three broad public policy concerns. These frets could easily affect corporate liability in areas beyond online media. The first concern is the discretion trial court judges possess––in the absence of explicit legislation or a state high court ruling dictating otherwise––when deciding whether…

January 21, 2025

A Flammable Landscape

Los Angeles continues to burn.  As of this writing, the Palisades Fire is spread over 23,713 acres and is 22 percent contained. This means that 22 percent of the fire’s perimeter has been controlled by firefighters through containment lines. The Eaton Fire currently stands at 14,117 acres burned at 55 percent containment. Will Rogers State Park is…

January 21, 2025

California’s Insurance Crisis

Dave Jones, California’s insurance commissioner from 2011 to 2018, explained California’s growing insurance crisis in 2023: Due to the failure to substantially reduce greenhouse-gas emissions in the U.S. and globally, we are marching steadily to an uninsurable future. Jones sentiment is widely shared — Climate change is causing more and more intense extreme events, which are…

January 17, 2025

Demystifying Social Media Addiction Litigation

The old sales pitch hollered by baseball game vendors was “you can’t tell the players without a scorecard.” Something similar rings true today about not only knowing the litigants but also their theories in more than 1,000 lawsuits wending their way through numerous courts and blaming social media platforms for addicting and harming minors. The…

January 17, 2025

Climate Science Whiplash

Did you know that climate change is making the San Francisco region more foggy? The Bay Area just had its foggiest May in 50 years. And thanks to global warming, it’s about to get even foggier.  Did you also know that climate change is making the San Francisco area less foggy? Declining fog cover on California’s coast…

January 13, 2025

EPA Should Reject California’s Locomotive Electrification Regulation

The California Air Resources Board last November requested from the U.S. Environmental Protection Agency a waiver under section 209(e) of the Clean Air Act for implementation of its “In-Use Locomotive Regulation,” an effort to electrify the cargo trains operating in California and therefore across the entire country. As of early January, EPA still has not acted, a…

January 10, 2025

Regional Transmission Organizations as Market Platforms I

2025 is already shaping up to be a year of change for many reasons related to the economics and technology of energy. Between the uncertainty arising from a political change in presidential administration and the dynamics of technological change in the economy, the only prediction I’d hazard is that change will happen. Some of these…

January 9, 2025

Meta’s Content Moderation Turnabout

Today, Meta, the parent company of Facebook, announced that it would immediately stop using “fact checkers” to police the content on its platforms, which also include Instagram and Threads. Meta explained: “In recent years we’ve developed increasingly complex systems to manage content across our platforms, partly in response to societal and political pressure to moderate content….