Will There Be a Global Environmental Constitution?
The potential of a proposed Global Pact for the Environment remains uncertain
The 1990s were the heyday of international environmental lawmaking. The 1992 United Nations "Rio Conference" on Environment and Development catalyzed the UN Framework Convention on Climate Change (UNFCCC), Convention on Biological Diversity, and the UN Convention to Combat Desertification. The decade also witnessed the launch of the Rotterdam Convention on Prior Informed Consent as well as protocols such as the Madrid Protocol on Environmental Protection in Antar...
CONTINUE READINGThe Thin Gray Line
Few people understand the role that the bureaucracy plays in keeping us safe.
"Bureaucrat" is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks -- risks ranging from nuclear contamination to climate change to unsafe food. Due to Trump's government shutdown, by the way, many of these people are currently not being paid. Yet without the profes...
CONTINUE READINGAssessing–and Celebrating–California Governor Jerry Brown’s Environmental Legacy
Governor Brown Easily Ranks as the Top Environmental Governor in State History
Don't it always seem to go That you don't know what you've got `Til it's gone --Joni Mitchell ("Big Yellow Taxi") On this, the last day of Jerry Brown's tenure as California's governor, it's appropriate to reflect on Governor Brown's environmental legacy. And a most formidable legacy it's been. Brown has, quite simply, been the most environmentally conscious and effective governor in California's 169-year history--by a wide margin. While he'...
CONTINUE READINGThe 2020 Congressional Elections and the Environment
They're almost two years away, but we need to get ready.
I know, I know. It seems very early to start thinking about the 2020 elections! But I follow my late mother’s philosophy that it’s never too soon to start worrying. Why do the 2020 Senate elections matter? Let's start with the Senate. Suppose the President in 2021 is a Republican, maybe named Donald J. We’ve learned from the past two years that even a slight Senate majority enables a lot of actions, including Supreme Court appointments. But we also learned f...
CONTINUE READINGTrump’s Theory of Law
He probably doesn't know he has a theory, but he does. It's shaping his deregulatory agenda..
OK, using the word “theory” in connection with Trump may seem like a stretch. But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified along several different dimensions. On one dimension, we have theories about the nature of law. Here, the main distinction is between believers in natural law ...
CONTINUE READINGThe possibilities of a Green New Deal
Proposal for massive government investment in decarbonization of the economy could have long-term political benefits, if it's done right
The new House Democratic majority takes over this week. In the period between the midterm elections and now, one major issue that has been discussed is the path forward for the Democrats on climate policy. Led by freshman Representative Alexandria Ocasio-Cortez, activists have called for the new majority to set up a special House committee on climate change that will develop a legislative blueprint for a “Green New Deal.” The specifics of the Green New Deal are yet t...
CONTINUE READINGThe Power of the Purse
House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks
Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in the last Congress, since not only can they block bills in the Senate with a filibuster-proof minority, but they now have a majority in the House of Representatives...
CONTINUE READINGThe Year Ahead
Here's what to expect environmentally.
What are the key things to watch for in 2019 in the environmental area? Regulations. According to the Administration’s schedule, three big rules should be issued in March: repeal of the Waters of the United States rule (WOTUS), repeal and replacement of the Clean Power Plan, and the freeze on fuel efficiency standards. This seems very ambitious to me, especially for the last two where there are major technical issues to be resolved. EPA will likely lose at lea...
CONTINUE READINGThe Curious Case of EPA’s Mercury Cost-Benefit Decision
What, exactly, is EPA up to by changing the underlying analysis of the Mercury and Air Toxics Standard (known as the MATS rule), as it announced yesterday? Is it the first step in gutting the use of cost-benefit analysis to support strong environmental regulations? Is it a gift to Murray Energy in its lawsuit seeking to invalidate the MATS rule without actually withdrawing the rule, which would anger many utilities? Is it both? First, some background. The 1990 ...
CONTINUE READINGSeven Bright Spots of 2018
Even in bad times, some things move in the right direction.
Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points, but if you want more detail, I've added links to relevant earlier blog posts at the end of this post on the website. Scott Pruitt. Pruitt resigned under fire. While his successor may be more successful in some ways, the fact remains that Pruitt was a disgrace. We’re better off without him. Trump was apparently unfazed by his incompetence and aversion to ...
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