Trump finally pulled the trigger today and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there’s a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet’s own Jonathan Zasloff […]
The Green New Deal may be ambitious, but it’s not alarmist.
It would be impossible to react to every piece of misinformation or poor reporting about climate change—let alone every misguided opinion editorial—that lives online today, but Bret Stephens’ February 15 piece in the New York Times strikes me as warranting a response. That’s not because of the clickbait title (“Is Nancy Pelosi A Climate Skeptic?” […]
Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein
Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also […]
Thought experiment: take everything conservative want to do and then do the opposite.
Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas. In other words, let’s try to come up with similar […]
What Harry Potter might have to teach us about making climate policy more resilient to political shifts
As the most recent report from the Intergovernmental Panel on Climate Change makes clear, the negative impacts of climate change are now upon us, and we have a very limited amount of time to decarbonize global economies in order to reduce the risk of catastrophic impacts from climate change, impacts that might begin as soon […]
Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment
As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset […]
They’re all bad, but this regulatory rollback effort stands out for sheer incompetence.
The Trump Administration has many energy and environmental initiatives, none of them good. But in terms of shoddy analysis and tenuous evidence, the worst is the Administration’s attempt to freeze fuel efficiency standards. For sheer lack of professionalism, the Administration’s cost-benefit analysis is hard to match. And you can’t even say that the Administration is […]
The Freedom of Information Act (FOIA) guarantees public access to the records of federal agencies. It embodies the view that government works best when it works in the open. On the Friday between Christmas and New Year’s Eve, the Department of the Interior quietly published a proposed regulation that will make it harder for the […]
Congress overturned a host of regs at the start of the Trump Administration. Looks more like a random walk than a systematic effort.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the second of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of […]
If Trump can stretch emergency powers, maybe they can be used for other purposes too.
Could a future President invoke emergency powers against climate change? Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There’s no doubt that this would be far more legitimate than Trump’s wall effort. Border crossings […]