Analyzing the FREEDOM Act
Permit certainty bill has beneficial judicial review provisions, but problematic provisions for damages and compensation.
This is the second post in a series on the FREEDOM Act, a bill in the House of Representatives to address the issue of permit certainty. Part one, explaining why permit certainty is now a hot topic in Congress, is here. All of the reforms in the FREEDOM Act turn on the creation of a timing structure, under which an applicant gets a determination by the agency that their application is complete, which in turn starts a clock that runs for the agency to make a decisi...
CONTINUE READINGThe FREEDOM Act and Permit Certainty
Permit certainty bill has potential, but also some problems that could make it unworkable
As one advocate for permitting reform aptly noted, “permit certainty” is now a prerequisite for any action on permitting reform in this Congress. That’s because the Trump Administration’s war on renewable energy means that Democrats have no desire to do a deal that would not, in practice, make a difference for investment in new clean energy sources, whether on federal land or private land. Permit certainty refers to a range of possible concepts, from ensurin...
CONTINUE READINGWhat does UUD mean?
A key legal standard in public lands law is being used by the Trump Administration to stop renewable energy, but in the long run the Administration’s position may advance environmentalists objectives.
Last August, the Secretary of the Interior issued an order that required considering the “capacity density” of an energy source in issuing permits for that energy source on federal land. The order was a blatant effort to stop renewables permitting on federal lands, because the “capacity density” measure the agency used simply looks at the area of land the energy production source requires versus the amount of energy the source produces – and a single coal-fir...
CONTINUE READINGEnvironmental Journalism in the Age of Idiocracy
Jeff Bezos' murder of the Washington Post is a major hit, but there are hundreds of great environmental reporters out there in new media who deserve our support -- and subscriptions.
By now we have all heard and read about Jeff Bezos’ decision to destroy The Washington Post. Make no mistake: that is what he decided: hundreds of reporters have gotten fired, including several foreign correspondents in dangerous areas with no means of support and no ability to get home. And spare me any questions concerning “what was he supposed to do with a paper that was losing money?” Bezos spent $500 million on a yacht. He spent $50 million on his own wedding....
CONTINUE READINGThe details of SEQRA reform
Looking at the specifics of how New York’s SEQRA reform efforts would work
I recently posted about proposed legislation in New York, advanced by the governor, to reform the state’s environmental review law (the State Environmental Quality Review Act (SEQRA)) to facilitate infill housing – an approach similar to what California did last year. There’s now legislative text (available here) available to allow a close review of what the proposal would do. The key provisions of the legislative text create new exemptions from SEQRA for: ...
CONTINUE READINGHot Take on the Endangerment Repeal
It's a tweaked version of arguments that the Supreme Court rejected in 2007.
The other shoe has dropped with the announcement of the final rule repealing EPA’s 2009 finding that greenhouse gases endanger human health and welfare. The Trump Administration has the nasty habit of announcing new regulations before posting them. That means that for the moment we are limited to the EPA press release. Although I’ll post again when more details are available, the main outlines of EPA’s rationale are already clear. In this post, I’ll analyze so...
CONTINUE READINGFake species?
Looking at the data on ESA listed species to see if enviro groups strategically identify species to block development.
This tweet, arguing that it’s “an open secret at this point that environmental activists try to invent fake ‘endangered’ species to block infrastructure projects they don’t like” got a lot of traction. But is it correct? It turns out that a paper I did (with Berry Brosi) about 15 years ago provides some insights into the claim. In our paper, we drew on data that the US Fish and Wildlife Service (FWS) and National Oceanic and Atmospheric Administration ...
CONTINUE READINGThe Accelerating Decline of U.S. Public Health Policy
Just when we get over our shock over one development, another comes along.
It’s hard to believe how quickly a science-driven approach to protecting health has been replaced by ideology and quackery. Lack of expertise is now seen as a plus in making decisions, and the Administration is actively seeking to suppress information about problems that it would rather not address. I posted a month ago about the current evidence-free approach to health policy, Things have only gotten worse since then. It's been one bad thing after another. ITE...
CONTINUE READINGThe Winners and Losers of Superbowl LX
The Seattle Seahawks came out on top at Sunday’s big game, but consumers and the environment joined the New England Patriots in the “losers” column.
Like millions of others around the world, I spent Sunday eating fried foods, drinking sugary beverages, and enjoying the company of my friends while watching the opposite of a nail-biter of a game. As a fan of the Seattle Seahawks and a hater of the New England Patriots, I’ll admit that I was delighted with the outcome of the big game. Even when your team isn’t playing, there is a lot to love about Superbowl Sunday, especially in a time where collective joy c...
CONTINUE READINGTrump Will Kill Climate Regulations, But How Exactly?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The Environmental Protection Agency will officially revoke what’s known as the endangerment finding tomorrow and in so doing try to erase the basis for virtually all that agency’s regulations cutting greenhouse gases. It’s not really a surprise — we’ve been waiting for this announcement for a year. But seeing the agency’s precise justification will help answer an important question: Does the administration rely on science or legal reasoning? My UCLA Em...
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