Region: National
Straws in the Wind? Climate Change and the GOP.
There are some signs the GOP may finally bestarting to acknowledge the reality of climate change.
Is Republican climate denial starting to crack? The GOP’s official position has long been that climate change isn’t happening, or if it is, it’s not caused by humans, and anyway it’s not that serious and there’s nothing to be done about. Three events last week may be signs that this position is starting to weaken. …
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CONTINUE READINGWhat’s Wrong with Juliana (and What’s Right?)
The odds against the “children’s case” are bad and getting worse. But there’s a valid insight at its core.
Juliana v. United States, often called the “children’s case,” is an imaginative effort to make the federal government responsible for its role in promoting the production and use of fossil fuels and its failure to control carbon emissions. They ask the court to “declare the United States’ current environmental policy infringes their fundamental rights, direct the …
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CONTINUE READINGGuest Blogger Justin Pidot: Interior Proposes New FOIA Rule that Inhibits Government Transparency
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 …
CONTINUE READINGRegulatory Review in Anti-Regulatory Times: Congress
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 …
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CONTINUE READINGUsing Emergency Powers to Fight Climate Change
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 …
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CONTINUE READINGGuest Blogger Gregory Dotson: Oregon May Join the Western Climate Initiative: What About Gasoline Prices?
Regardless of State Action, Surging Sales of Electric Vehicles Could Crash Gasoline Prices
Oregon is on the verge of taking historic action to establish an economy-wide cap and invest program and clean up the state’s carbon pollution. In doing so, Oregon could demonstrate how one state can do its part to avoid the worst effects of climate change. The concept dates back more than a decade, but the …
CONTINUE READINGRegulatory Review in Anti-Regulatory Times: The Trump Administration
Cost-benefit analysis turns out to make very little difference when the issue is rolling back regulations.
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 first of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of …
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CONTINUE READINGThe Thin Gray Line
Few people understand the role that the bureaucracy plays in keeping us safe.
“Bureaucrat” is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks — risks ranging from nuclear contamination to climate change to …
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CONTINUE READINGThe 2020 Congressional Elections and the Environment
They’re almost two years away, but we need to get ready.
I know, I know. It seems very early to start thinking about the 2020 elections! But I follow my late mother’s philosophy that it’s never too soon to start worrying. Why do the 2020 Senate elections matter? Let’s start with the Senate. Suppose the President in 2021 is a Republican, maybe named Donald J. We’ve …
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CONTINUE READINGTrump’s Theory of Law
He probably doesn’t know he has a theory, but he does. It’s shaping his deregulatory agenda..
OK, using the word “theory” in connection with Trump may seem like a stretch. But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified …
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