Region: National
NEPA as an environmental back-stop
NEPA can provide analytic coverage of environmental harms that are not covered under other statutes
This is the second in a series of posts on the reasons we might have environmental review. The first post is here. Why might we have an environmental review statute such as NEPA when we already have a range of other environmental protection statutes such as the Clean Air Act, the Clean Water Act, and …
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CONTINUE READINGGet Caught Trying
Donald Trump is committing extortion against law firms: Indict him. Now.
Bill Clinton knows a thing or two about how politics works. He famously said that the American people might not always expect you to succeed, but that they will demand that you get caught trying. And when it comes to Donald Trump’s illegal war against law firms, it’s time to get caught trying. Colloquially, it’s …
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CONTINUE READINGWhy do we have NEPA?
Examining the reasons why we might have environmental review can inform reform efforts
Reform, or even elimination, of environmental review for federal agency actions under the National Environmental Policy Act (NEPA) is a hot topic in the policy world right now – particularly with the Trump Administration making a range of significant changes to try and reduce the scope of NEPA. But if we want to have a …
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CONTINUE READINGRegulatory Rollbacks: What to Expect
A replay of 2017? Or maybe something more radical? You can probably guess the answer.
Repealing and replacing existing environmental regulations will have a lower priority in this iteration of the Trump presidency – it will often be easier to just ignore the existing regulations or eliminate the regulators rather than the regulations. When it does rollback regulations, the administration will probably take more extreme legal positions and will be more likely to make constitutional arguments against environmental regulation.
CONTINUE READINGThe Downsides of Ping Pong Governance
Judicial review, by moderating policy swings, may be important to facilitating long-term investment
I’ve written about debates over permitting reform and other versions of regulatory streamlining to support the development of infrastructure that we need to address climate change. Another view, well articulated by Nicholas Bagley at University of Michigan, is that the problem is more fundamental: Excessive focus on governmental procedures and process, reinforced by searching judicial …
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CONTINUE READINGThe 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 …
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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 …
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CONTINUE READINGLives in the Balance: Infectious Disease and the Trump Administration
The Administration has made serious inroads on safeguards against infectious disease.
Disease control, like many other traditional government activities, has been under a MAGA-driven onslaught. Indeed, we cannot rule out the risk that rather than helping, the government will try to block the use of lifesaving vaccines.
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 …
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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 …
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