Region: National
Comments on proposed ESA rule changes
Law professors submit detailed comments on proposed changes to regulations that implement the Endangered Species Act
I’ve posted earlier about proposals by the Trump Administration to make significant changes to the regulations implementing the Endangered Species Act, some of the most substantial revisions to those regulations since they were overhauled in the early 1980s. A group of environmental law professors (including me) submitted comments on those proposed rules last month, with …
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CONTINUE READING“National Security” Coal-Bailout Collapses
Trump demanded the use of national security powers to subsidize the coal industry. Looks like that’s not happening.
In its desperate effort to save the failing American coal industry, the Trump Administration promised to use emergency powers to keep coal-fired power plants in operation even though they’re not economically viable. That would have been the kind of disruptive change that Trump promised to bring to Washington. But the effort seems to have gone …
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CONTINUE READINGCitations for environmental and energy law professors 2018
The most-cited environmental and energy law professors in 2013-17
Brian Leiter at Chicago is again doing one of his occasional series identifying the top cited legal scholars in a range of substantive areas. One of the lists he did covered public law scholars including environmental law– however, his list includes a number of top administrative law scholars who do not focus on environmental and …
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CONTINUE READINGFour Governor’s Races and the Environment
Here are four of the races that will help drive state energy and environmental policies.
There are a surprising number of governor’s seats in play in this election, with many ranked as toss-ups. After looking at ratings by different experts, I’ve picked four elections as especially interesting. As you’ll see, there were major differences between candidates in these raceson environmental and energy issues. Besides showing yet again why elections matter– …
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CONTINUE READINGMore great environmental and energy law scholarship
Some of the best articles in the field from 2016-17
Some of our readers may be interested in what is happening in environmental and energy legal scholarship. So I thought I’d post again (I also did this in 2016) about the Land Use & Environment Law Review, which is Thomson Reuters/West Publishing’s peer-selected annual compendium of significant legal scholarship in land use and environmental law. …
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CONTINUE READINGBattle for the Senate: The Lone Star State
Is Texas in play? The environmental stakes are high.
Texas is a late addition to my list of key Senate races. It’s still not clear how genuinely Texas is in play, but it’s surprising that we’re even asking the question. Here’s what we know about the candidates and the environment. Ted Cruz (R). Cruz managed to get a 0% score from the League of Conservation …
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CONTINUE READINGTrump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California
Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year
Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by …
CONTINUE READINGWildfires: Managing the Risks
How can we limit the spread of wildfires and save people and property?
Wildfires are already a serious problem, and climate change will only make the problem worse, as I’ve discussed in my two prior posts. Reducing carbon emissions can help keep the problem from growing, but we need to deal with the risks we’re already facing. That is going to require a portfolio of risk management strategies. We …
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CONTINUE READING“What stands in the way becomes the way.”
Using current climate policies to address future political barriers to more stringent policy
Countries around the world are struggling with the political and policy challenges of developing effective tools to reduce greenhouse gas emissions and decarbonize their economies. (See coverage here for Canada, and here for Australia.) Moreover, even these policy proposals are as of yet inadequate to accomplish the goals of limiting climate change to below two …
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CONTINUE READINGProgressive Regulatory Reform
Suppose that, like conservatives, progreessives started thinking about reforming the regulatory system. What would that look like?
Until recently, you could be a very well informed American – a lawyer, even – without ever having heard of the Chevron doctrine. That has changed enough that last month the New Yorker had a “Talk of the Town” essay discussing Kavanaugh’s views of the Chevron doctrine. The reason for the attention to Chevron is …
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