What 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 – the CRA primarily applies when a new President wishes to overturn recent regulatory action...
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 Secretary Scott Turner entitled Federal Land Can Be Home Sweet Home. Can we just stop this? I expect the Journal’s op-ed page to run propaganda for the ad...
CONTINUE READINGCEQA and infill development
SB 607 is an excellent beginning for reforming CEQA to facilitate residential infill development
The state legislature continues its efforts to facilitate more housing production in California. Among the most significant bills being considered this session in Sacramento is SB 607, which would provide some substantial changes to how environmental review under the California Environmental Quality Act (CEQA) would operate. Overall, this is a bill that would provide important and generally beneficial reforms to CEQA, though there are ways in which it could be made e...
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. I’ve been compiling a list of anti-science actions. Despite being incomplete, the list seems to be growing quickly. For an extended period, the National Institutes of Health was effectively shut down. The Centers for Disease Control and Prevention stopped releasing crucial data. NIH anno...
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 it. Few independent observers believe EPA will succeed, but the issues are important enough to warrant a close look. In this post, I’ll explain the 2009 finding, its significance, the specific arguments EPA i...
CONTINUE READINGDisappointed in National Leadership? Look to States
With nations lagging behind on climate, states and provinces are coming up with investment opportunities to protect forests and ecosystems internationally.
Only 13 of the 195 signatory countries to the Paris Agreement submitted new national plans for tackling climate change by the recent deadline. Meanwhile President Trump has begun the process of the U.S. withdrawing from that agreement — again. This US withdrawal from global leadership is a perfect time to refocus attention and support at the subnational level. Whereas some U.S. cities are struggling to navigate Trump 2.0, states and provinces run by governors can mo...
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 to reduce housing costs. Market-rate housing, they argue, is just “luxury” housing, and so it won’t make anything more affordable. It...
CONTINUE READINGWhat is Life Like Inside Trump’s EPA?
Three EPA employees talk about DOGE, work anxiety, regulatory rollbacks, and the impact on protecting health and the environment.
The new head of the U.S. the Environmental Protection Agency — whose mission is to protect human health and the environment by developing and enforcing regulations — this week made what he proudly called the “largest deregulatory announcement in history” in the form of nearly three dozen policy reversals and “reconsiderations.” EPA Administrator Lee Zeldin’s video announcement confirmed many of the sweeping changes that were reportedly in the pip...
CONTINUE READINGWhy Stand Up for Science? Ask Kim Stanley Robinson
The acclaimed science fiction author says at a UCLA talk that Trump’s attack on science is “a murder suicide” that won’t work because “you cannot kill the future.”
One day before thousands of Americans took to the streets to protest cuts to scientific research, Kim Stanley Robinson gave a barn burner of a defense of science in the “Optimist Room” of a UCLA conference center. The author of “The Ministry for the Future,” “The Mars Trilogy,” and other books with scientists and climate diplomats as heroes, is himself a calm, deliberate speaker — the very image of equanimity. But the Trump administration’s attacks on...
CONTINUE READINGState-Level Actions To Decarbonize Aviation
New CLEE report explores the risks of federal preemption.
Aviation is a significant and growing source of greenhouse gas emissions. But the federal government in the United States has failed to address it so far. In response, some state policy makers and advocates are now considering legal avenues to effectively require the use of sustainable aviation fuels, which emit less carbon than traditional jet fuel when burned — and in some cases can eliminate these emissions altogether. Opponents will undoubtedly argue that such s...
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