Using and Abusing Models: Lessons from COVID-19
We've seen some great examples of how NOT to deal with models.
Models have figured heavily in government responses to the coronavirus. This has given us the opportunity for a real-time lesson in the uses of models. In the process, we’ve learned some important lessons in how to best make use of models — and equally importantly, in how not to use them. That’s directly relevant to environmental regulation. We rely on models in environmental law for many purposes: predicting how carbon emissions will impact climate, determin...
CONTINUE READINGWhat’s the Matter With Bill de Blasio?
The Progressive-Leaning Democrat has more in common with Donald Trump than you might think.
Willful bungling of the coronavirus crisis cuts across ideologies and political parties. That’s the lesson that we learn from the story of Bill de Blasio. He is very different, across many different dimensions, than Donald Trump. But it turns out that he shares something important with Trump: a tendency to place personality over expertise. De Blasio's initial reaction to the coronavirus was a lot more Donald Trump than Jay Inslee. Washington State Governor Inslee ...
CONTINUE READING100 Law Professors Urge EPA to Withdraw Revamped “Transparency in Science” Rule
EPA’s new proposal would go beyond even the far-reaching original to limit agency use of the best science
Today, on behalf of 100 environmental and administrative law professors affiliated with 70 universities in 33 states and the District of Columbia, Sean Hecht and I filed a comment letter urging EPA to withdraw its updated proposal to limit the use of science in agency decisionmaking processes, misleadingly named the “Strengthening Transparency in Science” rule. Under the auspices of promoting increased transparency, the proposed rule would make sweeping changes to...
CONTINUE READINGClimate Change in the General Election
How much talk about climate are we likely to hear?
Climate change has surfaced as an issue in the Democratic primaries much more than it has in past elections. What’s likely to happen in the general election? Start with Trump. Given his freeform speaking style, he’s likely to at least touch on climate change and fossil fuels from time to time. The question is how much time he devotes to the subject and what tack he takes. At present, it looks the election will be fought out in Wisconsin, Michigan, and Pennsylvania...
CONTINUE READINGToo Many Americans Think the Worst is Over
Alas, that light at the end of the tunnel is still very far away from us.
World War I lasted four years, with millions of deaths. At the start, however, many people thought the war would be quick and easy. “Home by Christmas,” was what they said about their troops. A frightening number of Americans now have similar illusions about the coronavirus pandemic. According to a CNN poll a released Tuesday, a rapidly growing share of the public thinks the worst of the pandemic is behind us. This disconnect from reality is dangerous. It wi...
CONTINUE READINGFree to Be Negligent?
Proposed Tort Liability Protection for Businesses
Sen. Mitch McConnell is demanding that any future coronavirus relief law provide a litigation shield for businesses, and other conservative/business interests have made similar proposals. So far, the supporters of these proposals have engaged in some dramatic handwaving but haven’t begun to make a reasoned argument in support of a litigation shield. In this post, I’m going to limit myself to negligence suits against businesses. Basically, these lawsuits claim t...
CONTINUE READINGInternational Liability for Harm: Epidemics and Pollution
What duties do countries have to avoid causing global harms?
There’s been talk lately of demanding compensation if a country’s negligence allowed a disease to spread globally. There is a long history of discussion regarding similar damage claims in international environmental law. The same principles seem applicable to disease spread. In theory, damages should be available in both cases. The core principle of international liability stems from the 1941 Trail Smelter decision. This international arbitration proceeding in...
CONTINUE READINGGuest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision
Juliana Litigation Provides Clues for Establishing Standing in Future Cases
For many aspiring environmental litigators, such as ourselves, the bold Juliana litigation was the little-case-that-could: it presented a novel constitutional theory to redress the climate crisis, survived a motion to dismiss against all odds, and went up to the Supreme Court not once, but twice. But on January 17, 2020, Juliana hit a significant roadblock in the Ninth Circuit. As others have written on this blog, the majority of a three-judge panel ruled that the youth ...
CONTINUE READINGClimate Action in the States
Climate progress continued despite Trump
Trump’s election in 2016 didn’t halt or even slow action in the states on renewable energy and climate change. Things have hit "pause" during the pandemic, but that should be only temporary. All of this ferment at the state level should help lay the groundwork for future federal action. Here’s what’s been happening in some key states: Florida has long been a laggard on solar power, despite its calling itself the sunshine state. But it has started to ca...
CONTINUE READINGWhat Are The Benefits Of Phasing Out California’s Oil & Gas Production?
Emissions should decrease but multiple factors complicate any predictions
It might seem obvious that phasing out oil and gas production in California would benefit the climate. But the reality is much more complicated, in terms of emissions, economics and even geopolitics. CLEE just released the report Legal Grounds with policy options to reduce in-state production, but the question of how much a phase out would benefit the climate was mostly beyond the scope of our analysis (which we'll be discussing in more detail on a free webinar ...
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