The Legal Complexities of Deregulating Power Plant Carbon Emissions
The Supreme Court struck down Obama’s powerplant regulation. but it didn’t endorse Trump’s first try either.
EPA’s efforts to regulate carbon emissions from powerplants have had a tortuous history, and we’re about to go through another round, with a rule from a Democratic Administration being repealed and replaced by a Trump rule. The last time this happened, the Trump EPA said that its interpretation of the statute required an extraordinarily narrow substitute rule. Because of intervening legal changes, it won’t find it as easy to make that argument this time. In the end...
CONTINUE READINGShould Blue States Punish Tesla?
The political economy implications of how EV tax credits are distributed
In the wake of Elon Musk’s role in the new administration and its efforts to fire large numbers of federal employees, some Democratic state elected officials have called for rethinking EV subsidies to cut out Tesla. There is also evidence that Democratic state legislators have become much more hostile to Tesla lobbying. Matthew Yglesias, a well-known commentator on the center-left, has argued that this is a misguided response, and instead that Democrats should trim...
CONTINUE READINGEmergency!
The risks of politicizing emergency provisions in statutes and regulations
This article notes that the Army Corps of Engineers is going to try to use emergency designations to reduce or eliminate environmental requirements (environmental review under the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA)) for hundreds of projects that it is reviewing permits for. The projects include a number of large-scale natural gas pipelines and other major infrastructure projects. There is obviously a debate to be had about ...
CONTINUE READINGCareful what you wish for
The impact of eliminating CEQ’s NEPA regulations may be more onerous NEPA compliance
One of the many EOs issued by the new administration revokes the authority of the Council of Environmental Quality (CEQ), an office within the White House, to issue regulations implementing the National Environmental Policy Act (NEPA) that bind agencies in terms of what they must do for NEPA compliance. The EO follows on the heels of a DC Circuit decision (subsequently characterized as nonbinding dicta by the DC Circuit en banc) holding that CEQ does not have the power...
CONTINUE READINGBanking and Exchange Programs to Mitigate Vehicle Miles Traveled
The 1950s has been called the decade of the American Dream. The United States economy grew by 37 percent, and homeownership surged as suburban houses—equipped with their white picket fences—“sold like hotcakes.” But this American Dream has come at a steep cost. Let’s fast forward to today; more than half a century of government housing policy favoring sprawling, car-dependent development has spawned long commutes, increased exposure to air pollution, and segreg...
CONTINUE READINGTwo Cheers for Tariffs
Stupid climate mitigation is better than none.
So Donald Trump has imposed massive tariffs on Canada and Mexico, and then paused them, and then imposed them again, and then paused them -- as always, he is the master of political coitus interruptus. But Canada has not backed off and is maintaining its current retaliatory tariffs: Trump has already promised more and is still moving ahead with steel and aluminum tariffs. Already the markets are beginning to panic, So, for those who care about the planet, the resp...
CONTINUE READINGHow to Lie with Percentages
It’s easy to make something seem big or small, depending on how you present the numbers.
— A man’s assets are only 0.2% of U.S. wealth. — A regulation costs only 0.004% of U.S. GDP per year. — A disease kills 0.1% of the population annually. That all sounds pretty minor, doesn’t it? But …. — The man - Elon Musk – is worth over $246 billion. — The regulation costs a billion dollars per year. — The disease – breast cancer – kills 42,000 American per year. The deceptiveness of percentages arises from the fact tha...
CONTINUE READINGTracking the Trump Administration
Rollbacks of Climate, Energy, and Environmental Policies and Investments
The first month of the Trump Administration has resulted in a dizzying flurry of actions and reactions. Many of us are wondering how to track the status of these actions, including the legal challenges to these actions. Luckily, a number of institutions are keeping track of the range of policy and legal actions that are happening. Some have been tracking for some time, while others are new. Below is a guide to some available trackers. We have collected these on...
CONTINUE READINGTrump Shoves Economic Analysis and Science to the Curb
The MAGA agenda takes precedence over data and analysis.
If you were looking for data-driven regulatory policy, you’re not going to find it in this Administration. On the contrary, Trump has marginalized economic analysis and wants to bulldoze environmental science. Thus, we are likely to get policies that are bad for the environment without being cost-justified, while ignoring policies whose environmental benefits outweigh economic costs. Raise your hand if you think this sounds like a good idea. Let me start with ...
CONTINUE READINGMaking Polluters Pay for Climate Consequences
A pair of new bills introduced in the California State Legislature would create a climate superfund. Here's how it would work.
The dramatic increase in extreme weather events has been wreaking havoc on states across the country, from devastating fires, floods, and droughts to rising sea levels. As a member of the Board for the American Red Cross Pacific Coast Region, I have seen firsthand how the organization is responding to twice as many climate-related disasters as we were just a decade ago. As states shoulder the burden of recovery and rebuilding efforts, they are seeking ways to fund ad...
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