National Archives - Page 43 of 180

Region: National

Tackling Agricultural Methane: Monitoring and Policy Strategies

A review of inventory, monitoring, and regulatory tools needed to reduce agricultural methane emissions

(This post was authored by Eric Peshkin, a JD candidate at NYU School of Law and CLEE summer research assistant) Last week, global leaders announced a commitment to reducing global methane emissions. In a previous blog post, I briefly reviewed some of the innovative strategies to reduce methane emissions from agricultural livestock and rice operations, …

Continue reading “Tackling Agricultural Methane: Monitoring and Policy Strategies”

Greening the Land of Lincoln

Illinois passes pathbreaking energy law.

Last week, Illinois’s governor signed into law a major piece of climate legislation. The law deserves more attention than it has received. Sadly, however, Illinois seems to be something of a neglected stepchild in the media. That’s a pity, because there are some important lessons in Illinois’s experience, both for the Midwest and the country …

Continue reading “Greening the Land of Lincoln”

The Last Four Years — and the Next Four

How did our predictions about Trump hold up? What should we expect for Biden?

In September 2017, Eric Biber and I published a threat assessment after the first 200 days of the Trump Administration. For those who have buried their memories of that time, those were days of shock and despair about the future of environmental protection (and much else). It seems time to bring our report up to …

Continue reading “The Last Four Years — and the Next Four”

Citations for environmental and energy law scholars 2021

The most-cited environmental and energy law professors from 2016-2020

Brian Leiter at Chicago is once again doing his occasional series identifying the top cited legal scholars in the United States in a range of substantive areas. As I did the last time Leiter posted these totals, I thought it might be helpful to our readers to have a list that is focused on US …

Continue reading “Citations for environmental and energy law scholars 2021”

Is the ‘Vaccine Mandate’ Legal?

Despite all the political huffing and puffing, Biden’s order has a solid legal basis.

Incensed critics are calling Biden’s proposed “vaccine mandate” an outrageous usurpation of power. They need to take a deep breath. It’s not really a vaccine mandate, the only statutory issue is procedural, and there’s no constitutional problem. Calling Biden’s order a vaccine mandate is misleading. It could just as well be considered a testing mandate …

Continue reading “Is the ‘Vaccine Mandate’ Legal?”

Vacancy

A Key White House regulatory office has remained unfilled for a record time.

The Biden Administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of …

Continue reading “Vacancy”

Labor and the Environment

Let’s talk about jobs and environmental protection.

Labor Day is a good time to talk about an important topic: the impact of environmental protection on jobs. This is a clearly a fraught issue. In support of his deregulation campaign, President Trump promised to “cancel every needless job-killing regulation and put a moratorium on new regulations until our economy gets back on its …

Continue reading “Labor and the Environment”

Disaster Mismanagement

12 Lessons from the COVID response in how NOT to manage a crisis.

The Trump Administration’s bungling of the coronavirus pandemic surely should feature in management textbooks. Just about everything that could go wrong, did go wrong. Some of the problems derived from having a top manager who was fundamentally indifferent and seemingly incapable of grasping basic facts. But other problems were due to inability to manage the …

Continue reading “Disaster Mismanagement”

Another Worrisome Signal from the Supreme Court

Phrases that should frighten environmentalists: “Shadow docket ” “Major questions doctrine”

Last Thursday, the Supreme Court struck down the CDC eviction moratorium in the Alabama Association of Realtors case. The case may seem far removed from environmental law, but it has some troubling implications for future EPA regulatory initiatives. The process used by the Supreme Court to intervene is as significant as the ruling itself. This …

Continue reading “Another Worrisome Signal from the Supreme Court”

Environmentalism and the Supreme Court

Some cases belong to the environmentalist legal canon, others to an anti-canon of reviled precedents.

Every field has its texts that form part of its intellectual canon, and others that form a kind of anti-canon of rejected ideas. The same is true in environmental law. The issue goes beyond which side wins. From the pro-environmental side of things, some Supreme Court rulings form guideposts to rely on, whereas others represent …

Continue reading “Environmentalism and the Supreme Court”

Here We Go Again! (Maybe)

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is the Sky Falling? Chevron, Loper Bright, and Judicial Deference

Perplexed? Worried? Here’s a guide to a fraught area of law.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

The “Silver Bullet” Required to Improve California’s Water Rights System: More & Better Data

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Region: National

A review of inventory, monitoring, and regulatory tools needed to reduce agricultural methane emissions

Illinois passes pathbreaking energy law.

How did our predictions about Trump hold up? What should we expect for Biden?

The most-cited environmental and energy law professors from 2016-2020

Despite all the political huffing and puffing, Biden’s order has a solid legal basis.

A Key White House regulatory office has remained unfilled for a record time.

Let’s talk about jobs and environmental protection.

12 Lessons from the COVID response in how NOT to manage a crisis.

Phrases that should frighten environmentalists: “Shadow docket ” “Major questions doctrine”

Some cases belong to the environmentalist legal canon, others to an anti-canon of reviled precedents.

TRENDING

The possibility of a second Trump presidency looms ahead. Time for some contingency planning!

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

A previously obscure 1944 case will now be central to judicial review.

California Lags Behind Other Western States in Obtaining Critically-Needed & Available Water Diversion Data

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

We used to have the Chevron test? What test do we have now?

Lessons from philanthropist and conservationist Kris Tompkins after a visit to the UCLA Emmett Institute.