Pruitt’s Utterly Opaque “Transparency” Proposal
Ironically, the proposal calling for greater transparency provides little clue into the agency's thinking.
EPA recently issued a notice of proposed rulemaking entitled “Strengthening Transparency in Regulatory Science.” The proposal would prohibit the agency from considering studies of health risks unless enough data is made publicly available to allow EPA or industry to validate the results. That sounds fine, but these studies often involve either confidential health records or trade secrets of a chemical manufacturer. One example would be the test results and medical fi...
CONTINUE READINGEPA Should Not Repeal the Clean Power Plan
The writing may be on the wall, but it’s still a terrible idea
Coauthored with Nat Logar Today is the close of EPA’s public comment period on its proposal to repeal the Clean Power Plan. Though EPA’s decision to backtrack from the rule hardly seems in doubt, it is still important to state that repealing the Clean Power Plan is a terrible idea. My colleagues Ann Carlson, Nat Logar and I, together with William Boyd, submitted a comment letter making this argument with and on behalf of a group of electricity grid experts from ar...
CONTINUE READINGAnalyzing a CAFE Rollback
Rolling back the CAFE standards is going to be a heavy analytic lift at best.
The Trump Administration has begun a review of the second phase of fuel efficiency standards adopted by the Obama Administration. Ann Carlson has already blogged about the harmful effects of such a rollback. A new paper by researchers at Resources for the Future sheds some additional light on the situation. Although the study does not support a rollback, it does suggest how the Administration might conceivably be able to cobble together a good enough explanation to ho...
CONTINUE READINGLaw professor comment on BLM proposal to revoke methane rule
Comment ids flaws in BLM's proposal to revoke rule restricting methane emissions from oil and gas development on federal lands
I've already posted a couple of times on BLM's proposal to revoke a rule that limits methane emissions (a major greenhouse gas) from oil and gas operations on federal lands. The period for public comment on BLM's proposal closes today. A group of environmental law professors just filed a comment noting major legal problems with the BLM proposal. You can review our comment here: BLM Waste Prevention Rule Comment_final. We hope that BLM will reconsider its approach...
CONTINUE READINGThe 2018 Elections: Governors
These nine races will shape the future of U.S. climate policy.
In the Trump era, states have become crucial to any hope of moving climate policy forward. That makes gubernatorial elections more crucial than ever. With that in mind, I’ve taken a look at crucial governors’ races to check out the potential effect on climate policy. My selection of states is based on lists of key races as Politico and Cook Political. It’s a bit too early to start thinking about what the November match-ups will be, except in Illinois where the p...
CONTINUE READINGNative American Treaties, Declining Salmon Populations, Broken Promises & Environmental Justice
Pending Washington v. U.S. Supreme Court Decision Offers Hope & Vindication for Tribes, Coastal Fisheries
Truth be told, the U.S. Supreme Court's 2017-18 Term has been an unsually quiet one for environmental and natural resources law. Until now. This week the Supreme Court heard oral arguments in a last-minute addition to the Court's current docket. Washington v. United States, No. 17-269, a case the justices only accepted for review in January, looms as the most consequential environmental Supreme Court decision of 2018. It's also a fascinating mix of Western Amer...
CONTINUE READINGHurricane Recovery in Texas
It's been eight months. What's happened since the storm?
Hurricane Harvey made landfall in the U.S. on August 25, 2017. That probably seems like ancient history to many Americans who live outside the area. The storm has certainly dropped out of the national media. It’s not easy to find information about how storm recovery is proceeding. But here’s where I could find. Let’s start by recalling the storm’s impact. Before it was over, Harvey had caused at least 68 deaths and $152 billion dollars in damage in the United ...
CONTINUE READINGSB 827 (To Boost Homes Near Transit) Killed In Committee
Setback reveals tough politics behind restrictive housing policies & potentially guides new path forward
Yesterday afternoon, SB 827 (Wiener) was killed in its first committee. Though a number of legislators acknowledged California's severe housing shortage, few were willing to risk the political backlash of taking on the local government lobby. The bill needed 7 votes on the 13-member Senate Transportation and Housing Committee but only got 4. Here were the votes in favor, from the San Francisco Chronicle tally: Sen. Ted Gaines, R-El Dorado Hills: Yes Sen. Mike ...
CONTINUE READINGSB 827 and the Concept of Deregulation
When land-use deregulation gets characterized as regulation, and why
Perhaps the biggest topic in land-use law and housing affordability in California over the past couple of months has been a piece of legislation introduced by State Senator Wiener, SB 827. Ethan has blogged quite a bit about the bill – the basic concept of the legislation is to eliminate or significantly restrict a number of local land-use regulations on residential construction in areas that have good transit service (e.g., near rail stations and frequent bus lines)...
CONTINUE READINGLessons From the University of California’s Carbon Neutrality Initiative
New Pritzker Brief Highlights Barriers to, Recommendations for, Getting to Zero Carbon Emissions by 2025
In 2013, University of California President Janet Napolitano announced that the system's ten campuses and its central office would cut their carbon emissions to zero by 2025. The goal is one of the most ambitious organizational goals in the country. To help implement the Carbon Neutrality Initiative, the President appointed a Global Climate Leadership Council in 2014, comprised of faculty and administrators from around the system. I serve as a member of the GCLC. ...
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