Region: National
Regulatory Rollbacks: What to Expect
A replay of 2017? Or maybe something more radical? You can probably guess the answer.
Repealing and replacing existing environmental regulations will have a lower priority in this iteration of the Trump presidency – it will often be easier to just ignore the existing regulations or eliminate the regulators rather than the regulations. When it does rollback regulations, the administration will probably take more extreme legal positions and will be more likely to make constitutional arguments against environmental regulation.
CONTINUE READINGThe Downsides of Ping Pong Governance
Judicial review, by moderating policy swings, may be important to facilitating long-term investment
I’ve written about debates over permitting reform and other versions of regulatory streamlining to support the development of infrastructure that we need to address climate change. Another view, well articulated by Nicholas Bagley at University of Michigan, is that the problem is more fundamental: Excessive focus on governmental procedures and process, reinforced by searching judicial …
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CONTINUE READINGThe CRA and the filibuster
Expanding the scope of the CRA might also result in weakening the filibuster
This is the third in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The second post is here. Another possible implication of applying …
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CONTINUE READINGThe CRA and permits
Applying the CRA to the California waivers might open the door to Congressional review of permits more broadly
This is the second in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The basic legal question at the heart of the dispute …
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CONTINUE READINGLives in the Balance: Infectious Disease and the Trump Administration
The Administration has made serious inroads on safeguards against infectious disease.
Disease control, like many other traditional government activities, has been under a MAGA-driven onslaught. Indeed, we cannot rule out the risk that rather than helping, the government will try to block the use of lifesaving vaccines.
CONTINUE READINGWhat is the scope of the Congressional Review Act?
Possible implications of expanding the CRA to the California waivers, and beyond
The Congressional Review Act (CRA) provides a tool for majorities in the House and Senate, along with the President, to overturn a recently promulgated agency regulation, and to legislatively prohibit promulgation of a “substantially the same” regulation in the future. By its nature – since it requires Presidential approval of the relevant joint Congressional resolution …
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CONTINUE READINGAnd The Grift Goes On – This Time on Public Lands
Trump’s alleged plan for affordable housing on federal property is one more brick in a wall of corruption.
Today in the Department of FFS. The Wall Street Journal breathlessly reports, Trump Wants to Build Homes on Federal Land. Here’s What That Would Look Like. And then, not content with a series of graphics about where this housing could be, it also put out a big op-ed from Interior Secretary Doug Burgum and HUD …
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CONTINUE READINGUndermining Science in the Name of Ideology
There’s no room in MAGA for free scientific inquiry.
The Trump Administration seemingly views scientific research as a threat. The result has been a wave of censorship and a general effort to undermine the scientific enterprise. This article compiles examples of anti-science actions.
CONTINUE READINGDissecting the Attacks on the Endangerment Finding
EPA has identified four different arguments against the endangerment finding. None have merit.
In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare. Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider that finding. Few independent observers believe EPA will succeed, but the issue is important enough to warrant a close look. Here’s a deep dive.
CONTINUE READINGLeft-Wing NIMBYism Strikes Out – Again
The Current Overheated Housing Market in Los Angeles Demonstrates That Market-Rate Housing Can Reduce Rents
One of the most pernicious aspects of the land use and housing debate over the last few years has been the rise of what we mean might call “left-wing NIMBYs.” It is essentially traditional NIMBYism but on allegedly progressive grounds. The principal argument of this group is that building more market-rate units will do nothing …
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