Good-Bye and Good Riddance to Chevron

The harsh response of left-wing commentators to last week’s Supreme Court reversal of the Chevron decision reveals more about the Left than about the courts. “The Supreme Court just made a massive power grab,” blusters Ian Millhiser for Vox. “Supreme Court executes massive power grab from executive branch,” agrees Kate Riga for TPM.

“Fill her up with Chevron Supreme.” Photo by Joe Ravi.

In 1981, the Environmental Protection Agency under Ronald Reagan changed the definition of the word “source” (as in “source of pollution”) in one of its regulations, effectively allowing industries to pollute more with less oversight. In a case known as Chevron Oil v. the Natural Resources Defense Council, the NRDC challenged this definition and won at the district and appeals court levels. But the Supreme Court overturned this, ruling that courts should give “deference” to federal agencies in how they interpret the law. This became known as the Chevron decision and it has hampered citizen efforts to monitor bureaucracies ever since. Continue reading

He Lived Long Enough to Become the Villian

“You either die a hero,” said a character from a Batman movie, “or you live long enough to see yourself become the villain.” Neil Goldschmidt, who died last week four days short of his 84th birthday, was once my hero but died the leading villain of Oregon politics.

The official portrait of Mayor Goldschmidt.

After working as a legal aid lawyer for several years, Goldschmidt joined his friend, homebuilder Tom Walsh, in running as reform candidates for the Portland City Council in 1970. Portland, they said, was run by a “good old boy” network that left minorities, low-income people, and many others out of the system. Goldschmidt won; Walsh lost. Continue reading

R.I.P. Mr. Liberty

Libertarians will sorely miss David Boaz, who died last Friday after a year-long battle with cancer. While many familiar with the libertarian movement will remember Milton Friedman, Murray Rothbard, and Karl Hess, Boaz, who was about a year younger than me, was arguably the most eloquent and influential libertarian of my generation.

When Ed Crane founded the Cato Institute in 1977, David Boaz was one of the first persons he hired. For the next 41 years, Boaz served as Executive Vice President. While Crane’s job was to raise money, Boaz effectively ran the organization, overseeing a shop of more than 50 policy experts. Continue reading

New Panic Over Farmlands

The Department of Agriculture’s latest Census of Agriculture has generated new fears about “disappearing farm lands.” The census found that the United States had 22 million (2.8 percent) fewer acres of farm lands in 2022 than in 2017 and 40 million (4.3 percent) fewer acres than in 2012. The census is conducted every five years in years ending in a 2 or a 7.

Oregon Public Broadcasting responded to the release by reporting that “Oregon continues to lose farmlands” which “raises red flags for some agricultural land conservation advocates.” However, a closer look at available data is needed before panicking. Continue reading

Elites Want to Ban Gasoline Cars, Gas Stoves

Urban elites are far more likely than other Americans to oppose gasoline powered cars, SUVs of all types, and gas stoves, according to a survey released last week by the Committee to Unleash Prosperity. The survey defined “elites” as people who have post-graduate degrees, live in households that earn more than $150,000 a year, and live in zip codes with densities of more than 10,000 people per square mile, which is about four times the average urban density in the U.S.

The cities of Boston, Chicago, Miami, New York, Philadelphia, and San Francisco all average more than 10,000 people per square mile. Photo by Mai-Linh Doan.

Conducted by Scott Rasmussen, the survey found that 72 percent of these elites (and 81 percent of Ivy League elites) favored banning gasoline-powered cars, compared with 24 percent of Americans as a whole. Further, 58 percent of elites favored banning SUVs compared with 16 percent of Americans and 66 percent of Ivy League elites, while 69 percent of elites (and 80 percent of Ivy League elites) favored banning gas stoves compared with 25 percent of all Americans. Continue reading

Even in Oregon, Agencies Must Follow the Law

The Oregon State Court of Appeals invalidated rules written by the state Environmental Quality Commission for implementing the state’s Climate Protection Program. The state legislation creating this program required the EQC to explain “Any alternatives the commission considered and the reasons that the alternatives were not pursued.” In response, the agency claimed that it “considered many alternatives” but didn’t describe a single one or explain why it was rejected.

Smokey, the Antiplanner dog, checks out the environmental quality of an Oregon stream.

This is entirely typical of government planning today. I’ve reviewed many plans that didn’t bother to identify and evaluate any alternatives because planners were so certain they knew what was right and anything else was wrong. What is atypical is that a state court has enforced the law requiring identification and evaluation of alternatives. Continue reading

Pandemic Migration Patterns Continue

A net 338,000 people who resided in California on July 1, 2022 had left the state by July 1, 2023, according to population estimates released by the Census Bureau last week. This follows a loss of 625,000 residents in the two years prior to July 1 2022, indicating that the pandemic-related forces that led to this migration out of the state are still at work.

More U.S. residents moved to green and yellow states than left those states, with darker colors representing greater in-migration. More residents moved out of red and orange states than moved to those states, with darker colors representing greater out-migration.

International migration plus net birth rates (births minus deaths) meant that California’s overall population declined by only 75,000 people in 2023. This was exceeded by New York, which lost 102,000 people. A net of only about 217,000 New York residents migrated out of the state in 2023, but New York didn’t have as many international immigrants to make up for this loss, so its overall population decline was bigger than California’s. Continue reading

When the Economist Lost Its Way

Last week, the Economist published an article about when the New York Times lost its way. The article traces it to a June 2020 opinion piece by conservative U.S. Senator Tom Cotton that provoked such outrage among Times staffers that the editorial page editor, James Bennet, was forced to resign. Since Bennet now writes for the Economist, and in fact was the author of this article, it is easy to see why he would consider that incident to be a turning point for the Gray Lady.

In 2020, the Economist argued that countries should take advantage of the pandemic to enact draconian policies aimed at reducing climate change.

While it is easy to argue that the New York Times lost its way long before that incident, I have a different question: When did the Economist lose its way? The weekly magazine that calls itself a newspaper was founded 180 years ago based on the principles of free trade and free markets. Yet it seems to have forgotten those principles today, advocating for more and more government control of the world and national economies. Continue reading

Strikes a Symptom of Labor Shortages

Auto workers are on strike. Actors are on strike. Writers are on strike. The latest is that workers on Canada’s St. Lawrence Seaway are on strike. As Peter Zeihan observes in the video below, these strikes are a symptom of the labor shortage that isn’t going to go away anytime soon.

Zeihan doesn’t say so but any time advocates of some government subsidize project say, “This project will create lots of jobs,” you should immediately translate that in your mind as saying, “This project is going to make labor shortages even worse.” The jobs argument never was a good argument for doing things that required government subsidies, but now it is one more reason not to do major projects that require government subsidies.

Palestine and Property Rights

The horrible war in Palestine raises an important question. Strife in the Middle East is often portrayed as Muslims vs. Jews. But what if religion had nothing to do with it? What if it is really just a question of property rights?

A home bombed by Israel in the 2014 Gaza War. Photo by Muhammad Sabah.

Before Israel was founded in 1948, many members of the Zionist movement — those advocating a return of Jews to Palestine — understood the importance of property rights. Groups such as the Jewish National Fund began buying land in what became Israel as early as 1901. Eventually, they owned 13 percent of the land within Israel’s current borders. Another 7 percent was own by private individuals, 4 percent by Arabs and 3 percent by Jews. Continue reading