Region: National
Is This the End of Cost-Benefit Analysis?
Trump’s EPA is effectively abandoning economic analysis
Maybe the Administration means to keep cost-benefit analysis in place for some other kinds of regulations at EPA or elsewhere. But if the courts uphold the EPA’s refusal to quantify the enormous harms caused by air pollution, it’s hard to see an argument for quantifying many other regulatory benefits. In other settings, environmentalists might applaud the repeal of cost-benefit analysis. In the current setting, however, the purpose is all too plain: to make it easier for the Administration to ignore the ways it is endangering human life and health.
CONTINUE READINGA Procedural Snarl in the Oil Patch
Can oil companies use World War II contracts to vault from state to federal court in cases about present-day coastal damage?
As a matter of common sense, however, it’s hard to see why oil production activities that would not otherwise be considered “federal” should change their statute because the producers also happen to own refineries — especially since in some instances it appears that all the oil from one of their fields might be going to a different refinery anyway. But textualist judges aren’t necessarily attended to common sense.
CONTINUE READINGTakings Between the Sheetz
…in which I actually praise Brett Kavanaugh
It seems absurd to blog about legal doctrine nowadays, but I, like many, am preparing for Spring term classes, and Takings represents one way that the Supremes might try to destroy American government. So it is always good to keep it in mind. Most of us know the issues concerning exactions – when a government …
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CONTINUE READINGThe U.S. Has Now Become a Rogue Nation
By pulling out of the UNFCCC and dozens of international organizations, Trump has isolated the United States and ceded influence to China and the EU.
In the past few days, Trump has kidnapped the head of state of Venezuela, threatened to invade Greenland, and withdrawn from a 1992 climate treaty negotiated by George H.W. Bush. The treaty, the U.N. Framework Convention on Climate Change, has been the basis for international climate cooperation for the past thirty years, including the Paris Agreement. In addition, Trump is withdrawing from the Intergovernmental Panel on Climate Change (IPCC), which will make it harder for American scientists to contribute to the periodic reports on the state of climate science. Trump’s action is basically a big middle finger toward the rest of the world. If anyone wins from this, it’s China, which can now claim to be the responsible adult in the room.
CONTINUE READINGRollin’ Coal!
One year in on Trump’s ‘Toxic First’ Agenda and the MAGA assault on environmental law.
They call it Rollin’ Coal — when you retrofit your diesel truck (and they are always trucks) to emit more pollution. A lot more. You may have seen the pictures: big dark clouds of fine particulates and a bounty of air toxics — a big f*#ck you to Prius drivers, environmentalists, and, well, all of …
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CONTINUE READING2026: The Year Ahead
Here are six big things to watch.
What to watch for environmentally in 2026: court tests of Trump’s power, midterms, China, grid issues, and state energy moves. In 2025, Trump rolled out new initiatives at a dizzying rate. That story, in one form or another, dominated the news. This year, much of the news will again be about Trump, but he will have less control of the narrative. Legal and political responses to Trump will play a greater role, as will economic developments. Trump’s anti-environmental crusade could run into strong headwinds.
CONTINUE READINGStuck in the swamp?
Proposed Trump revisions to the definition of “waters of the United States” would reduce wetlands protections, but may (mostly) be required by the Supreme Court.
The Trump Administration has a proposed rule revising the definition of “waters of the United States” for the Clean Water Act (comment period closing on Monday, if you want to get your two cents in). The definition is important (and has been the subject of a lot of litigation) because it defines the scope of …
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CONTINUE READINGPing-pong government and the ESA
Recent proposed revisions for the ESA just reset the clock to 2020.
The Trump Administration in November proposed revisions to the regulations implementing the Endangered Species Act (ESA). Normally, I would try to do a thoughtful review of the changes and what I think their implications are. But that is really not necessary this time, since what the Administration is proposing is to undo Biden Administration changes …
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CONTINUE READINGOn the theory of permitting certainty
It’s a hard problem to solve. There might be lessons from housing and land-use.
What is being called “permitting certainty” is now a central component of any permitting reform that might pass through this Congress. Permitting certainty is the concept of making it harder for the Executive Branch to capriciously revoke permits based on personal grudges, political vendettas, or other factors that Congress does not wish to be the …
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CONTINUE READINGVeto trouble
Trump’s veto of consensus legislation is trouble for future bipartisan permitting reform.
This week, President Trump vetoed two pieces of legislation, his first vetoes of his second term. There were two unusual points about these vetoes – even for this Administration. First, the bills in question were small, local matters. One bill involved a water project to benefit rural southeastern Colorado. The other bill expanded the scope …
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