The CRA and the filibuster
Expanding the scope of the CRA might also result in weakening the filibuster
This is the third in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The second post is here. Another possible implication of applying the CRA to California’s waivers under the Clean Air Act is that it might open the door to a severe curtailment of the Senate filibust...
CONTINUE READINGThe CRA and permits
Applying the CRA to the California waivers might open the door to Congressional review of permits more broadly
This is the second in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The basic legal question at the heart of the dispute over whether California’s Clean Air Act waivers are subject to the CRA are whether those waivers are “rules” within the scope of the CRA. The...
CONTINUE READINGLives in the Balance: Infectious Disease and the Trump Administration
The Administration has made serious inroads on safeguards against infectious disease.
The federal government has traditionally worked to limit the risks and impacts of epidemics. At a time when scientists are increasingly worried about a possible H1N5 epidemic like the 1917 flu, the erosion of the U.S. public health system by the current Administration creates particular ground for alarm. Disease control, like many other traditional government activities, has been under a MAGA-driven onslaught. Earlier this year, the Trump Administration moved to des...
CONTINUE READINGWhat is the scope of the Congressional Review Act?
Possible implications of expanding the CRA to the California waivers, and beyond
The Congressional Review Act (CRA) provides a tool for majorities in the House and Senate, along with the President, to overturn a recently promulgated agency regulation, and to legislatively prohibit promulgation of a “substantially the same” regulation in the future. By its nature – since it requires Presidential approval of the relevant joint Congressional resolution – the CRA primarily applies when a new President wishes to overturn recent regulatory action...
CONTINUE READINGAnd The Grift Goes On – This Time on Public Lands
Trump's alleged plan for affordable housing on federal property is one more brick in a wall of corruption.
Today in the Department of FFS. The Wall Street Journal breathlessly reports, Trump Wants to Build Homes on Federal Land. Here’s What That Would Look Like. And then, not content with a series of graphics about where this housing could be, it also put out a big op-ed from Interior Secretary Doug Burgum and HUD Secretary Scott Turner entitled Federal Land Can Be Home Sweet Home. Can we just stop this? I expect the Journal’s op-ed page to run propaganda for the ad...
CONTINUE READINGCEQA and infill development
SB 607 is an excellent beginning for reforming CEQA to facilitate residential infill development
The state legislature continues its efforts to facilitate more housing production in California. Among the most significant bills being considered this session in Sacramento is SB 607, which would provide some substantial changes to how environmental review under the California Environmental Quality Act (CEQA) would operate. Overall, this is a bill that would provide important and generally beneficial reforms to CEQA, though there are ways in which it could be made e...
CONTINUE READINGUndermining Science in the Name of Ideology
There’s no room in MAGA for free scientific inquiry.
The Trump Administration seemingly views scientific research as a threat. The result has been a wave of censorship and a general effort to undermine the scientific enterprise. I’ve been compiling a list of anti-science actions. Despite being incomplete, the list seems to be growing quickly. For an extended period, the National Institutes of Health was effectively shut down. The Centers for Disease Control and Prevention stopped releasing crucial data. NIH anno...
CONTINUE READINGDissecting the Attacks on the Endangerment Finding
EPA has identified four different arguments against the endangerment finding. None have merit.
In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare. Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider it. Few independent observers believe EPA will succeed, but the issues are important enough to warrant a close look. In this post, I’ll explain the 2009 finding, its significance, the specific arguments EPA i...
CONTINUE READINGDisappointed in National Leadership? Look to States
With nations lagging behind on climate, states and provinces are coming up with investment opportunities to protect forests and ecosystems internationally.
Only 13 of the 195 signatory countries to the Paris Agreement submitted new national plans for tackling climate change by the recent deadline. Meanwhile President Trump has begun the process of the U.S. withdrawing from that agreement — again. This US withdrawal from global leadership is a perfect time to refocus attention and support at the subnational level. Whereas some U.S. cities are struggling to navigate Trump 2.0, states and provinces run by governors can mo...
CONTINUE READINGLeft-Wing NIMBYism Strikes Out – Again
The Current Overheated Housing Market in Los Angeles Demonstrates That Market-Rate Housing Can Reduce Rents
One of the most pernicious aspects of the land use and housing debate over the last few years has been the rise of what we mean might call “left-wing NIMBYs.” It is essentially traditional NIMBYism but on allegedly progressive grounds. The principal argument of this group is that building more market-rate units will do nothing to reduce housing costs. Market-rate housing, they argue, is just “luxury” housing, and so it won’t make anything more affordable. It...
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