This morning, Trump issued an executive order intended to kill all new regulations by creating impossible obstacles. It requires that an agency repeal two old rules and offset the entire cost of the new rule before it can do anything to protect public health, safety, or the environment. It’s a terrible idea. But at the […]
Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air […]
Don’t expect the idea of evidence-based policy to have much sway in this Adminstration
Kellyanne Conway, one of Trump’s key advisors, has come up with a new term for deliberate falsehoods: “alternative facts.” It’s a concept that does not augur well for the next four years. And it hasn’t gone unnoticed: the hashtag #alternativefacts is spreading like wildfire. Here’s how the alternative facts concept surfaced. Upset by press reports […]
California leadership in peril?
Scott Pruitt, Donald Trump’s nominee to head the Environmental Protection Agency, elided many questions yesterday and made some somewhat surprising commitments to appease Senate Democrats in response to others (acknowledging that humans are at least partially responsible for climate change; saying he’ll use the Clean Air Act to regulate greenhouse gases). But his response to […]
As with climate science, Trump is in denial about public health issues.
Anti-vaxxers are a lot like the climate denial crowd, but with two differences. First, there hasn’t been any corporate money fomenting skepticism about vaccines, unlike climate denial. Second, anti-vaxxers are sprinkled across the ideological spectrum. Still, the similarities between these two forms of anti-scientism are greater. One big similarity: both anti-science views have the support […]
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes […]
CEQA, Property Rights, Preemption & Clean Water Act Highlight Supreme Court’s Environmental Docket
While 2016 was a quiet year for the U.S. Supreme Court when it came to environmental law, the same cannot be said for the California Supreme Court. To the contrary, 2016 continued a pronounced and significant trend by the California Supreme Court justices in recent years to hear and decide numerous important environmental law issues […]
“But except for that, how did you like the play, Mrs. Lincoln?” It’s an old joke, for all I know going back to 1865. That was 2016,too, in a way. Like Mrs. Lincoln’s evening at Ford’s Theater, 2016 contained a lot of good things, some bad things, and then disaster. Here’s a list of each. The […]
UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts
Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last […]
The Trump plan of deregulation and tax cuts has been tried. It didn’t work.
President-elect Trump has promised to unleash economic growth by cutting taxes and regulation. In terms of regulations, he has said: “One of the keys to unlocking growth is scaling-back years of disastrous regulations unilaterally imposed by our out-of-control bureaucracy. “Regulations have grown into a massive, job-killing industry – and the regulation industry is one business […]