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…
November 19, 2024
In Support of Science Policy: My Long-Read Q&A with Tony Mills
The US government has acted as major contributor to science research since the mid-20th century, both in terms of broad basic research and targeted projects. As industrial policy has gained traction, especially during the Biden Administration, the distinction between industrial and science policy has become increasingly obscure. Hybrid policies like the CHIPS and Science Act have spurred…
October 23, 2024
What Happens in Europe Does Not Stay There
U.S. climate policies, designed to yield a utopia of net-zero greenhouse gas emissions by, say, 2050, are preposterous. The costs are massive. Consumer resistance is such that important components of the policy agenda are already collapsing. The metastasizing system of financial regulations imposing penalties upon the fossil energy sector is unlikely to survive judicial scrutiny. And for what? Even if implemented fully, the entire…
July 11, 2024
BTOS Business Trends and Outlook Survey (BTOS) AI Supplement
The Business Trends and Outlook Survey (BTOS) now includes a number of AI-related questions under the AI supplement, which recently reported their first findings. The AI supplement was constructed to gather insights on the prevalence of AI use in businesses, the various types of AI being employed, the effects of AI on employment, and the ways…
July 9, 2024
ACES Robotics (Capitalized Expenditures for Robotic Equipment)
Beginning in 2018, the Census added a series of questions to their Annual Capital Expenditures Survey (ACES) to better understand how much companies are spending on robotic equipment. The Census defines robot equipment broadly, as “automatically controlled and reprogrammable machines capable of performing a series of complex tasks autonomously or semi-autonomously.” Included in this spending data are…
July 1, 2024
The ESG Proxy Advisor Game Starts to Crack
For many years “proxy advisory” services have been provided by a duopoly comprising two companies, Glass Lewis and Institutional Shareholder Services, with a combined market share of 97 percent engendered by blatant political favoritism. “Proxy advice” means recommendations to investors, retirement funds and large asset managers holding major stakes in public companies on how to vote on…