Region: National

A Case of Administrative Bad Faith

The D.C. Circuit slaps down an abuse of power by Trump’s EPA.

On Monday, the D.C. Circuit dealt a setback to Scott Pruitt’s deregulation efforts in Clean Air Council v. EPA. The case involved a tricky procedural issue. But the substance was simple: EPA, under Pruitt, had abused a reconsideration procedure under the Clean Air Act to stay a regulation for 90 days, when it had no …

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The EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule

This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands

With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule.  This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act.  The …

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New Report: How To Boost EV Charging Infrastructure

UCLA Law hosts free report release lunch event at noon, with live webcast & keynote by Energy Commissioner Janea Scott

Electric vehicles (EVs) represent one of the most promising clean technologies, in terms of their potential benefits for the electricity grid, local air pollution, and reducing the greenhouse gas emissions that cause climate change. Not to mention they’re fun to drive. The good news is that as EV prices have dropped by nearly half the …

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Yikes, Is It Pledge Week Already?

Yes, this is your biannual opportunity to invest in our work.

Like everyone else, I’m sure you find fundraising appeals annoying.  That’s why we hardly ever do them. But twice a year doesn’t seem like too much of an imposition, and this is a really important time. This is our first “ask” since the new Administration took office. There’s an especially critical need today for policy-driven research …

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Professor William Boyd Joins UCLA Faculty

Leading Energy and Environmental Law Scholar Will Bring Key Expertise to Emmett Institute

We are very excited to announce that Professor William Boyd of the University of Colorado Law School is joining the UCLA Law faculty effective July 1, 2018. He will hold a joint appointment with the UCLA Institute of the Environment and Sustainability. Professor Boyd is one of the nation’s leading scholars of energy and environmental …

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A Stealth Attack on Public Health

No, this isn’t about the health care bill.

The Trump Administration has embarked on a campaign of postponing pollution regulations that protect the public health. Even if these are only temporary delays, rather than steps toward permanently weakening health protections, the delays are not innocuous. To put it as bluntly as possible, Americans will die as a result of these delays. For instance, …

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Fencelines

The Supreme Court rules on how to define a parcel of property under the Constitution

The Supreme Court ruled today on Murr v. Wisconsin, a takings case that could have potentially had a major effect on land use regulation.  The Supreme Court has ruled that a “taking” of private property exists if the state prohibits all economically beneficial use  of property.  Naturally, lawyers have gleefully litigated the question of how …

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After Trump

Some day the Trump/Ryan/Pruitt era will end. We need to be ready to move forward.

Fighting the Trump/Ryan/Pruitt assault on environmental protection necessarily absorbs a huge amount of our energy. But eventually, the current conservative stranglehold on the national government will come to an end. Sooner or later, the government will once again come into more environmentally friendly hands. When that happens, we need to have practical, detailed proposals ready …

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The Truth About Environmental Originalism

Scott Pruitt advocates environmental originalism. It means the direct opposite of what he thinks.

Scott Pruitt has taken to talking about environmental originalism – going back to the original intent of our environmental laws. But he’s got the original intent completely backwards. The statutes weren’t intended to protect jobs or grow the economy. They were intended to protect the environment, with cost at best a secondary consideration. This is exactly …

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When Trump’s Name is Forgotten, His Carbon Will Remain

Much of the carbon from his policies will remain in the atmosphere for centuries.

Given Trump’s desire to increase the use of fossil fuels, it’s no surprise that his presidency will result in increased carbon emissions.  Some of the carbon will remain in the atmosphere for centuries, an enduring monument to his presidency and his rejection of scientific facts. Before the election, I took a stab at estimating that impact, based …

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