Region: National
The Rise of Benefit-Blind Analysis
The Trump Administration cares about regulatory costs. Regulatory benefits? Not so much.
Since Ronald Reagan’s time, there has been a consensus among conservatives that cost-benefit analysis (CBA) should be the gold standard for regulation. That approach has given them common ground with moderates such as Cass Sunstein, many economists (whether liberal or conservative), and at least a few scholars more environmentally inclined. Cost-benefit analysis has had its …
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CONTINUE READINGThen and Now
How has environmental law changed in the last 38 years? A lot … and not that much.
I recently happened to remember a funny incident from 1980. The first edition of what was then the Findley & Farber casebook went to the publisher in October of 1980. I remember vividly encountering a colleague in the hallway who asked cheerily if the book had gone to the printer. When I said yes, he …
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CONTINUE READINGFrom the Wildfire Files
Wildfires are getting worse and worse. Here’s what we know about the situation.
I don’t normally do this, but given the terrible wildfires now hitting the state, I thought it was worth doing a reprise of some posts on the subject from earlier this summer. Of course, there’s more information in the original posts, if you want to click over to them. Spreading Like Wildfire In 2017, wildfires …
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CONTINUE READINGGuest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are
Facts About California’s Oil and Greenhouse Gas Emissions
Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …
CONTINUE READINGAn Ax, Not a Scalpel
Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.
Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …
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CONTINUE READINGKey Senate Races: Retrospective
The toss-up races came out 50/50, with the pro-environmental candidates winning 4 out of 8 elections.
In a post last March, I explained the environmental stakes in eight toss-up Senate races. We now know how those races came out. Vindicating the laws of probability, the results of the toss-ups were evenly divided between the two parties. In terms of the overall election picture, I said: “The odds are that the Republicans …
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CONTINUE READINGPost-election climate policy options
Options for newly empowered state governors, legislators and US House Representatives to advance climate policy
This post is co-authored by Dan Farber and Eric Biber. Democrats took control of the US House of Representatives in the election last week, took full control of six state governments (Nevada, Colorado, New Mexico, New York, Maine, and Illinois), took governorships in seven states (including Michigan, Wisconsin, and Kansas), and made significant gains in …
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CONTINUE READINGDo Androids Dream of Endangered Sheep?
Imagine there were self-aware AIs. Would they care about the environment?
With the election behind us, I thought it might be a good time to take a step back and do some musing about less impending issues. Unlike most of my posts, this one is more on the speculative side. The title of this post is a riff on Do Androids Dream of Electric Sheep?, a novel by …
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CONTINUE READINGSessions Out, Whitaker In: What Might the DOJ Shakeup Mean for Environmental Enforcement?
¯\_(ツ)_/¯
News broke this afternoon that Trump has forced Attorney General Jefferson Beauregard Sessions III to resign — naming Sessions’ chief of staff, the Marbury v. Madison critic and sports take tweeter Matthew Whitaker acting AG. This move obviously has some pretty horrifying implications for the country at large, but it’s worth thinking about how the …
CONTINUE READINGWhat The 2018 Election Results Mean For California Climate Policy
Big wins for state initiatives and pro-climate candidates, plus opportunities for high speed rail and cap and trade
Some big wins for California (and therefore national) climate policy last night: Lt. Governor Gavin Newsom is elected governor, which means the state will continue its climate leadership on various policy fronts Prop. 6 loses, which would have repealed the gas tax increase and meant less funding for transit going forward Prop. 1 wins, which …
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