The Environmental Pollution Agency Prioritizes Environmental Rollbacks While Dropping Environmental Enforcement
New Policy Allows Companies to Use Covid-19 As an Excuse to Pollute
The covid-19 epidemic is providing the Environmental Protection Agency with the perfect opportunity to demonstrate its priorities: full speed ahead with environmental roll backs, including greenhouse gas/fuel economy standards for cars, cutting back on the regulation of mercury from power plants, loosening regulations on coal ash from coal plants and more. Employees at EPA have anonymously described the "relentless pressure" they are facing from supervisors to issue ...
CONTINUE READINGWhile You Were Sleeping: Coronavirus Apparently Won’t Stop Trump Environmental Rollbacks
EPA May Roll Back Car Standards Next Week
The New York Times is reporting that, despite the corona crisis and the shelter in place orders affecting people around the country, Andrew Wheeler is pressuring his EPA staff to release a finalized rule rolling back greenhouse gas emissions/fuel economy standards for cars. These EPA staff are for the most part working from home with all of the difficulties remote work -- often with kids at home -- creates. And yet it is somehow critical to the Trump Administration...
CONTINUE READINGHow the Coronavirus is (Not) Like Climate Change
The two have some informative parallels, although some observers draw the wrong conclusions
The coronavirus dominates the news and much of our minds. Here at Legal Planet, we have written about the coronavirus and presidential powers, disaster declarations, fossil fuel production, decision-making under uncertainty, inequality, and cities. I will join the party and consider what are the parallels and differences between the coronavirus crisis and anthropogenic climate change, and what lessons that we may be able to draw. These questions are motivated by s...
CONTINUE READINGFederalism and the Pandemic
For statutory, practical, and constitutional reasons, states are on the front line.
The states have been out in front in dealing with the coronavirus. Apart from Trump’s tardy response to the crisis, there are reasons for this, involving limits on Trump's authority, practicalities, and constitutional rulings. Statutory limits. As I discussed in a previous post, the President’s power to deal with an epidemic is mostly derived from statutes. The available statutory powers include deploying federal resources and funding to support the states; control...
CONTINUE READINGAre Pandemics An Argument Against Cities?
COVID-19 spread shows governance matters more than density
With the COVID-19 virus shutting down cities and countries all over the world, anti-urban advocates are seizing the moment to argue that pandemics prove urban density is bad. For example, longtime sprawl booster Joel Kotkin argues that shelter-in-place orders and fear of contagion will push people to demand more lower-density homes, far from crowded and ailing cities. These advocates have some support from scientists. Some public health experts point to density ...
CONTINUE READINGCourt Rejects Trump Administration’s Cap-and-Trade Lawsuit Against California
Federal Government's Constitutional Challenge to California's Linked GHG Reduction Plan Fails
Since President Trump took office in early 2017, the State of California has filed over 70 different lawsuits challenging the Trump Administration's policy initiatives on multiple fronts, including the environment, immigration policy and health care. Over 40 of California's lawsuits have targeted the Administration's efforts to roll back longstanding federal environmental protection, natural resource management and public health regulations. And California has prevai...
CONTINUE READINGInequality and the Coronavirus
Everyone is at risk, but some more than others.
It’s a truism among disaster experts that people who were disadvantaged before a disaster are also the most vulnerable during the disaster. There are aspects of the coronavirus pandemic that fit this mold. Here are some of the disparities we can expect to see. Rural v. Urban. Much of our economic growth and job opportunity is in cities, which is why young people continually leave the countryside Life expectancies also tend to be lower in rural areas. Although...
CONTINUE READINGUncertainty in the Age of Coronavirus
There’s a lot we don’t know at this point. How should we deal with that?
Knowledge about the coronavirus is limited but growing. In the meantime, how should we cope with this uncertainty? I can’t give you psychological advice, but I can say something about how to think about this uncertainty. How to make decisions under uncertainty is something we know a lot about from the environmental sphere. Uncertainty is a pervasive problem in climate policy. We know climate change will cause serious harm. But we don’t know how great that harm...
CONTINUE READINGGlobal Crisis and the Urgency of Phasing Out Oil and Gas Production
Considering long-term climate needs in near-term crisis responses
As the covid-19 crisis threatens a global recession and sharply cuts travel demand, compounding the damage caused by the oil price war between Saudi Arabia and Russia, US and international oil prices are hitting historic lows, driving turmoil throughout the industry and threatening a rash of bankruptcies, stranded projects, and job losses. These recent developments are only accelerating long-building trends in the US oil and gas sector (and shale producers in particular)...
CONTINUE READINGIs a Pandemic a Major Disaster?
Cuomo has asked for major disaster relief. But there's a serious legal hurdle to that.
Yesterday, I wrote about presidential powers in a pandemic. I mentioned the possibility of declaring the pandemic a major disaster under the Stafford Act. Today, we learned that Gov. Cuomo of New York has made such a request. [Note: two days after this was written, FEMA granted the request.] What does the law have to say about that? Let me begin by recapping why this matters. Trump has already invoked the emergency provisions of the Stafford Act. The Stafford Ac...
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