Environmental Strategies for the Post-Kennedy Era
How do we make environmental progress despite an increasingly unsympathetic court?
Ann Carlson wrote an excellent post about how Kennedy’s departure might impact some key environmental issues. His retirement means that the Supreme Court will move even further to the right and stay there at least until one of the conservatives departs (maybe Thomas, the oldest). The new pick is likely to be another Gorsuch, which will make Roberts the swing voter. This isn’t as dire as it would have been when Roberts was appointed, because he has moved toward the ce...
CONTINUE READINGWhat Does Justice Kennedy’s Retirement Mean for Environmental Protection?
Short Answer: It’s Not Good
The news that Justice Anthony Kennedy is retiring has ramifications for many important areas in constitutional law, including affirmative action, same-sex marriage, and abortion. His vote was also pivotal in many environmental cases. Justice Kennedy will almost certainly be replaced by a more conservative justice. If that justice votes with the conservative wing of the Court on environmental cases (and it’s hard to imagine Trump appointing someone other than a hard...
CONTINUE READINGHere we go again…
Two more proposals to provide CEQA relief to sports stadiums
It’s another legislative season in Sacramento, so yet another opportunity for legislators to hand out regulatory goodies to large corporations and wealthy people, in the form of CEQA “streamlining” for the construction of sports stadiums. There are two bills currently in the queue: AB 734 which would benefit the Oakland A’s and AB 987 which would benefit the LA Clippers. News coverage of each is here and here. I’ve written before about these bills, and why ...
CONTINUE READINGMemo to Staff: Eliminating Cl***** Ch****
Also, please delete all references to global w***ing.
MEMORANDUM To: All Department Staff From: The Secretary Re: Eliminating Cl***** Ch**** As you know, it is this Administration’s policy to eliminate all references to Cl***** Ch**** from government documents. This policy has been unevenly implemented, but I have informed the President that we are adopting a zero-tolerance approach. All use of the “double-c term” must now cease. This includes acronyms such as GCC or references to global w***i...
CONTINUE READINGGetting to Zero Fatalities
Eliminating traffic deaths and vehicle emissions by 2050? Not as crazy as you might think.
Could we have a transportation system with zero deaths from car crashed and zero emissions? That seems utopian but it’s not as crazy as it sounds. Even if we don’t get all the way to zero, we could get much closer than you might think. In The Road to Zero, RAND researchers provide a roadmap to zero crash fatalities by 2050. It involves a combination of strategies. Safer roads, such as more use of roundabouts to slow traffic and better pedestrian crossings, are one...
CONTINUE READINGAgency U-Turns
Policy reversals are likely to be more frequent in an increasingly polarized society. How should courts respond?
The Trump Administration is doing its best to wipe out Obama’s regulatory legacy. How will the courts respond to such a radical policy change? The philosophical clash between these last two Presidents is especially stark, but this is far from being the first time that agencies have taken U-turns. This is the fifth time in the past forty years that control of the White House has switched parties, with accompanying changes in regulatory approaches. Yet the underlying ...
CONTINUE READINGSenate Races and the Environment
Eight races will determine the balance of power in the Senate.
There's a lot riding on the 2018 elections. The midterms will decide whether the GOP has a large enough majority to pass legislation weakening environmental protection, whether either house of Congress is willing to investigate misconduct by Pruitt and others, and who Trump can appoint to agencies and the judiciary. I’ll post more detailed information about the races as we get closer to the election, but here’s a quick overview of eight crucial races. Seats current...
CONTINUE READINGTribal Fishing/Environmental Justice Rights Prevail After Supreme Court Ruling
Justice Kennedy's Recusal Proves Decisive in Preserving Tribes' Legal Victory
Perhaps the most consequential environmental case of the rapidly-concluding U.S. Supreme Court Term ended this week with a whimper rather than a bang: in a curt one-sentence order, the Court ruled that the Ninth Circuit Court of Appeals' earlier decision in Washington v. United States "is affirmed by an equally divided Court." The justices split 4-to-4 on how to resolve this important case involving Native American fishing rights, declining salmon populations an...
CONTINUE READINGThe Puzzle of Capacity Markets
What are capacity markets and why do they matter?
If you live in the Midwest, East of the Mississippi and North of the Mason-Dixon line, or in Arkansas or Louisiana, the companies that generate your electricity are covered by what are called capacity markets. I'll bet you didn't know that. That's actually part of the problem, because there's very little transparency and hence little accountability for these policies. The main reason these capacity markets matter, at least from my point of view, is the way they re...
CONTINUE READINGA Trumped-Up Bailout Plan
Legally deficient? Arbitrary? Disguised special interest favors? All par for the course in this Administration.
You couldn’t ask for a more typical example of the Trump Administration at work. Nuclear and coal plants are being closed across the country, unable to compete with cheap natural gas and increasingly cheap renewables. In a desperate effort to support the coal industry, Trump wants to force consumers to subsidize these plants. It’s not surprising that he’s jumped at this bailout plan, because it echoes so many of the Administration’s themes. You might be su...
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