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 22, 2025
How Would Changes to Infrastructure Permitting Affect the US Economy?
Event Summary On January 21, AEI’s Michael R. Strain and James W. Coleman welcomed two panels of experts to discuss the policies and regulations for building physical infrastructure in the US. The first panel analyzed the trajectory for when new infrastructure building projects and permitting requirements such as environmental impact surveys will interact in terms…
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 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 16, 2025
After Net Neutrality: The Return of the States
Last week I discussed the Sixth Circuit decision classifying broadband as a Title I information service and effectively eliminating the Federal Communications Commission’s (FCC) general power to regulate broadband. But like nature, regulators abhor a vacuum. While closing the door to federal regulators, the decision also creates opportunities for states to act. This post examines the present…
January 16, 2025
AI-Generated Regulation: Not Ready for Prime Time (Yet)
Key Points Read the PDF. Executive Summary Generative AI has attracted great attention in the policymaking sphere, including for agency rulemaking. This report compares a final rule drafted by a generative AI model with the Department of Transportation’s actual rule. The AI model’s policy recommendations appear overly sensitive to the number of commenters supporting a…
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 8, 2025
The Interests of the U.S. and the Honolulu Climate Case Before the U.S. Supreme Court
The Office of the Solicitor General — part of the Department of Justice —was created by the Statutory Authorization Act of June 22, 1870. The Act states that there shall be an officer “learned in the law,” to be called the Solicitor General, to assist the Attorney General in the performance of his or her duties. The…