The problem with “follow the science”

Science is necessary, but not sufficient, for good policymaking

In the wake of the poor performance of the Trump Administration’s efforts to address the coronavirus pandemic in the United States, there has been advice that the Biden Administration should “follow the science” in developing its coronavirus policies and strategies.  While an emphasis on a clean break from the prior Administration’s rejection of the nature …

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The CRA is Back in Play

What you need to know about the Congressional Review Act and Trump's regulatory legacy

This post is co-authored by Beth Kent and Cara Horowitz Last week’s Georgia Senate victories have given Democrats (bare) control of the Senate—and, with it, the potential to use the Congressional Review Act (CRA) to erase some of the Trump Administration’s regulatory rollbacks. Here are four key things to know about this unique legislative oversight …

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Dawn of a New Era

Trump’s relentless war on the environment has finally come to an end.

A new chapter began when Joe Biden took the oath of office. That moment also marked the end of Donald Trump’s presidency, which featured efforts to roll back over a hundred environmental regulations. Biden campaigned on an ambitious plan to curb climate change, which he must now try to implement with a razor-thin control of …

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DC Circuit Gets Help from Grid Experts in Vacating ACE Power Plant Rule

The importance of understanding how things work

I’ve seen lots of good analysis already (including this post from Dan) of the DC Circuit’s decision today to invalidate the Trump Administration’s ACE Rule, which governs climate emissions from coal-fired power plants and does essentially nothing to reduce those emissions.  It turns out that doing essentially nothing is not enough. There’s a lot to …

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A Big Win for Climate Regulation

The DC Circuit overturns Trump's effort to hamstring regulation of carbon from power plants.

The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule.  The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan.  The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here.  Briefly, here’s what the appeals court ruled and …

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Trump’s Pro-Environmental Acts — A VERY Short List

Despite its general hatred of environmental protection, the Trump Administration did manage a few positive steps.

This being the last day of Trump’s presidency, it’s appropriate to look back on his environmental record.  Basically, Trump was to environmental  law as General Sherman was to Georgia.  In the time between his “American carnage” Inaugural Address to his unleashing of carnage on Capitol Hill, he and his minions devoted themselves to environmental destruction. …

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Strategies to Reverse Federal Environmental Rollbacks

Last month, CLEE released a website that compiled over 180 Trump Administration environmental policy rollbacks, from the repeal of the Clean Power Plan to the removal of government climate change websites. We tracked and evaluated these rollbacks based on their environmental, climate, public health, and programmatic impacts; identified the pathway and difficulty of reversal; and …

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Climate Change, Big Energy & The U.S. Supreme Court–What Could Possibly Go Wrong?

BP v. Baltimore Is First Environmental Case To Come Before Newly-Reconstituted High Court

On Tuesday, the U.S. Supreme Court will hear oral arguments in its first environmental case of the 2020-21 Term.  That case, BP PLC v. Mayor and City Council of Baltimore, involves an important, nationwide climate change litigation trend, and will provide the first indication of the post-Ginsburg Court’s attitude towards environmental law and litigation generally. The Baltimore case is …

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How Cities Can Use California’s Housing Element to Get New Housing Built

New changes in state law allow local governments to commit to long-term production of housing

Over the next two years, cities across the state of California will undertake a state-mandated process to update the “housing element” of their general plans for land use. Cities must demonstrate that they have—or will provide—adequate zoned capacity to accommodate their share of “regional housing need,” a figure which is determined by the state Department …

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Rethinking Presidential Administration

Giving the President more control of regulation has been a good thing — up to a point.

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date.  When Elena Kagan was a professor, she wrote an article called “Presidential Administration.”  The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process away from agencies. That trend has accelerated to the …

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