Deciphering the SAFE Rule
When the agencies say x, they mean y
I'm one of many environmental lawyers this morning poring over the just-released final rule rolling back federal fuel economy and climate emission standards for cars. I'm finding it helpful to create a key, of sorts, to the Orwellian language I'm encountering. Here you go! Happy reading, everyone. What it says What it means “The final standards will [] result[] in energy conservation that helps address environmental conc...
CONTINUE READINGThe Epstein Affair
A prominent law prof got COVID-19 numbers disastrously wrong. Then things got worse.
The New Yorker recently published a devastating interview with law professor Richard Epstein. He had attracted their notice by publishing two columns on the Hoover Institution website, the first projecting a total of 500 U.S. deaths from the coronavirus (later raised to 5000), and the second defending his work. I don’t see any need to add to the chorus of disapproval, but I do want to ask what lessons we can learn from this episode. How did he go so disastrously a...
CONTINUE READINGPolticial Bias Versus Scientific Integrity: An Empirical Test
What the effort to pack the EPA’s Scientific Advisory Board can teach us.
Many people distrust environmental science, though for different reasons. Progressives may discount science that they see as supporting business interests. Meanwhile, conservatives may think scientists come to “politically correct” conclusions in order to get grants. It’s reasonable to think that these things may sometimes happen. But how strong are these effects? Unwittingly, the Trump Administration has given us something akin to what social scientists c...
CONTINUE READINGTransit-Oriented Development Shouldn’t Be A Coronavirus Casualty
California still needs more housing close to transit.
In recent weeks, California has emerged as one center of the COVID-19 pandemic, but it continues to face challenges that existed long before the disease reached the state. Two serious ones: how California will meet its ever more stringent greenhouse gas emission reduction targets, and how the state will manage to provide affordable housing for residents who are increasingly finding housing costs untenable. As my Legal Planet colleagues Meredith Hankins and Ethan Elki...
CONTINUE READINGStill Not SAFE
The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.
After months of delay, the Trump administration has reportedly chosen this coming week—in the middle of a nationwide crisis due to the COVID-19 pandemic—to finally release the second part of its two-part rollback of Obama-era automotive fuel economy standards. This isn’t the only environmental rollback action the administration is planning to take during the coming weeks. Like the other planned regulatory rollbacks, Part 2 of the SAFE Rule will have serious...
CONTINUE READINGThe Environmental Pollution Agency Prioritizes Environmental Rollbacks While Dropping Environmental Enforcement
New Policy Allows Companies to Use Covid-19 As an Excuse to Pollute
The covid-19 epidemic is providing the Environmental Protection Agency with the perfect opportunity to demonstrate its priorities: full speed ahead with environmental roll backs, including greenhouse gas/fuel economy standards for cars, cutting back on the regulation of mercury from power plants, loosening regulations on coal ash from coal plants and more. Employees at EPA have anonymously described the "relentless pressure" they are facing from supervisors to issue ...
CONTINUE READINGWhile You Were Sleeping: Coronavirus Apparently Won’t Stop Trump Environmental Rollbacks
EPA May Roll Back Car Standards Next Week
The New York Times is reporting that, despite the corona crisis and the shelter in place orders affecting people around the country, Andrew Wheeler is pressuring his EPA staff to release a finalized rule rolling back greenhouse gas emissions/fuel economy standards for cars. These EPA staff are for the most part working from home with all of the difficulties remote work -- often with kids at home -- creates. And yet it is somehow critical to the Trump Administration...
CONTINUE READINGHow the Coronavirus is (Not) Like Climate Change
The two have some informative parallels, although some observers draw the wrong conclusions
The coronavirus dominates the news and much of our minds. Here at Legal Planet, we have written about the coronavirus and presidential powers, disaster declarations, fossil fuel production, decision-making under uncertainty, inequality, and cities. I will join the party and consider what are the parallels and differences between the coronavirus crisis and anthropogenic climate change, and what lessons that we may be able to draw. These questions are motivated by s...
CONTINUE READINGFederalism and the Pandemic
For statutory, practical, and constitutional reasons, states are on the front line.
The states have been out in front in dealing with the coronavirus. Apart from Trump’s tardy response to the crisis, there are reasons for this, involving limits on Trump's authority, practicalities, and constitutional rulings. Statutory limits. As I discussed in a previous post, the President’s power to deal with an epidemic is mostly derived from statutes. The available statutory powers include deploying federal resources and funding to support the states; control...
CONTINUE READINGAre Pandemics An Argument Against Cities?
COVID-19 spread shows governance matters more than density
With the COVID-19 virus shutting down cities and countries all over the world, anti-urban advocates are seizing the moment to argue that pandemics prove urban density is bad. For example, longtime sprawl booster Joel Kotkin argues that shelter-in-place orders and fear of contagion will push people to demand more lower-density homes, far from crowded and ailing cities. These advocates have some support from scientists. Some public health experts point to density ...
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