Get Ready for Phase 2 of the Deregulation Wars
Air quality standards are next on the chopping block.
The first phase of Trump’s regulatory rollbacks has been directed against Obama’s climate change regulations. Those deregulatory actions will be finalized soon. What happens next will be in the hands of the courts. But the Trump EPA is now beginning a new phase in its attack on environmental regulation. Having tried to eliminate climate rregulation, its next move will be an attack on basic protections against air pollution. The Clean Air Act, the federal air...
CONTINUE READINGPerfection – Public Enemy Number One, or Straw Man?
We don't let the perfect be the enemy of the good. Is that always a good thing?
“Don’t let the perfect be the enemy of the good.” How many times do you think you have heard that phrase? Many people attribute the concept to Voltaire, so as advice goes, how bad could it be? It’s darn good advice in many situations – such as selecting a checkout line to stand in at the grocery store, choosing which pair of socks to wear, or deciding whether to play a cut from Sgt. Pepper’s over one from Rubber Soul. But in the world of public policy, adheri...
CONTINUE READINGThe Expanding Gap Between Business and Trump
Big business was happily married to the GOP. But there’s trouble in paradise.
The GOP used to be synonymous with big business. But there seem to be growing divisions – divisions that may open the way to new environmental initiatives. In April, the Washington Post ran a story about the U.S. Chamber of Commerce’s decision to loosen its ties to the GOP and move toward a more bipartisan stance. The move was partly motivated by the growing distance between the business community and the Trump-era GOP on issues like immigration and internatio...
CONTINUE READINGThe Flight of the Bumblebee
The Trump Administration loses an environmental case. Again.
Last Friday, the Fourth Circuit halted efforts to build a natural gas pipeline because the Administration had done such a lousy job of showing its compliance with the Endangered Species Act. This was one of the Administration's many losses in court. The case involved a perfect example of “arbitrary and capricious” decision making, to use the legal terminology. In simpler terms, the government’s explanation for its decision was as full of holes as a sieve. This wa...
CONTINUE READINGRenewable Texas: Lessons from the Lonestar State
Texas has the most wind power in the country and is rapidly building solar. How did that happen?
People are often surprised to learn that Texas is the national leader in wind power, with the twice the generating capacity of any other state. On one notable night in December of 2015, the state got 45% of its power from wind, though the year-round average was only about 10%. In July of this year, the state's grid operator reported that more power was generated by wind than coal in the first six months of 2019. In 2016, ERCOT, which operates nearly all of the ...
CONTINUE READINGACE or Joker? Trump’s Self-Defeating Climate Rule
The ACE rule adds costs, achieves little, and disempowers the states. Nice job.
The Trump ACE rule violates all the Administration’s own deregulatory principles.To hear Trump talk, the point of deregulation is to reduce the burden of regulation on industry. But weirdly enough, that doesn’t turn out to be true of Trump’s effort to repeal Obama’s Clean Power Plan (CPP) and replace it with his own Affordable Clean Energy (ACE) rule. Both rules regulate carbon emissions from power plants (though Trump’s rule covers only coal plants). Accor...
CONTINUE READINGNew York’s Big Move
The Empire State has jumped into the first tier of state climate action.
Last week, New York Governor Andrew Cuomo signed a breakthrough climate change law, the "New York State Climate Leadership and Community Protection Act." What every state does to address climate change is worthwhile, of course, but New York is particularly significant in terms of the national picture. It’s the nation’s third-most populous state and also third economically, with a GDP about the same size as South Korea’s. It’s also one of the top ten carbon emitte...
CONTINUE READINGGuest Blogger Divya Rao: Sen. Udall and Rep. Lowenthal Champion New Legislative Effort to Curb Plastic Waste Pollution
Comprehensive federal legislation on single-use plastics, from bags to straws, anticipated to drop in Fall 2019
This past January, I was one of two students who had the opportunity to travel to Washington D.C. with the Surfrider Foundation and UCLA’s Frank G. Wells Environmental Law Clinic to brief Congress on harms caused by marine plastic pollution and steps the federal government can take to combat the problem by reducing waste from single-use plastics. Today, Congress took a first step towards comprehensive federal action in the United States on the single-use plastic cri...
CONTINUE READINGEndangered Deference
The Supreme Court’s recent, misguided, Weyerhaeuser decision displays the Court majority's hostility to agency expertise
Cross-posted from The Regulatory Review In Weyerhaeuser v. US Fish and Wildlife Service, a unanimous Supreme Court, with Justice Gorsuch not participating, indicated that it is not inclined to defer to agency expertise. Judicial power dominates this Court’s approach to administrative law, not just in the context of Chevron deference, and not just within the conservative wing. The Weyerhaeuser decision is likely to complicate future implementation of at least the...
CONTINUE READINGJustice John Paul Stevens, 1920-2019, Was An Environmental Hero
He was frequently the environmental voice of the Court
Justice John Paul Stevens was a giant figure in the history of the United States Supreme Court. He should also be remembered as the Court's greatest modern environmental voice. He authored the opinion in two of the most significant environmental cases of the last twenty years and the dissent in a third. Three times in the last 18 years, Professors Jim Salzman and J.B. Ruhl have surveyed environmental law professors and lawyers about the most significant environmen...
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