National Archives - Page 62 of 180

Region: National

The Mystery of McConnell’s Litigation Shield

Why is he investing so much in something so draconian and so unnecessary?

As part of their proposed stimulus package, Senators John Cornyn and Mitch McConnell introduced a bill that gives almost complete immunity protection to businesses that fail to take precautions against the coronavirus. It’s called the “Safe to Work Act,” but really should be called the “Work at Your Own Risk Act.” McConnell says he won’t …

Continue reading “The Mystery of McConnell’s Litigation Shield”

Election 2020: State Legislatures

The Outlook for State Climate Policy Might Improve

The key political races aren’t just about the White House or Congress. Control of state legislatures will also be important in shaping climate and energy policy — not to mention their ultimate effect on the composition of the U.S. House due to redistricting. One of my themes is the importance of state government to climate …

Continue reading “Election 2020: State Legislatures”

Climate Litigation 2020

Here’s the state of play and some thoughts about the future.

Trump Administration has been a fertile source of litigation. With the election only about three months away, this seems like a good time to see how things stand in climate-related case. In a nutshell, climate litigation has been a growth industry under Trump, and the Administration has done poorly in court. The Current State of …

Continue reading “Climate Litigation 2020”

Wasting Away in Methaneville

Another Trump rollback gets slapped down in court.

A week ago, a federal district court overturned yet another ill-conceived rollback by the Trump Administration. The case, California v. Bernhardt, involved releases of methane, a potent greenhouse gas. The legal flaws in the rollback by the Bureau of Land Management, are all too typical of the Administration’s work product. The Administration has repeatedly lost …

Continue reading “Wasting Away in Methaneville”

Planet Earth as Desert Island: “Lord of the Flies” or “Gilligan’s Island”?

Or in more technical terms, the Tragedy of the Commons? Or its inverse?

Lord of the Flies is a memorable novel about a group of English schoolboys who are marooned on a desert island. They quickly descend into savagery and violence. The book can be seen as a parable of the philosopher Thomas Hobbes’s view that human life in a state of nature is short, nasty, and brutish. But …

Continue reading “Planet Earth as Desert Island: “Lord of the Flies” or “Gilligan’s Island”?”

How NOT to Manage a Crisis

There were basic errors in organizing the White House pandemic response. It’s a teachable moment in crisis management.

The rap has been that the White House just ignored medical experts and left everything to the politicos. A NY Times story over the weekend reveals that the story was more complicated. It discloses basic failures in management and crisis response since early in the coronavirus outbreak. Those failures should be heeded by future leaders. …

Continue reading “How NOT to Manage a Crisis”

What Did We Know and When Did We Know It?

Nothing about Trump’s environmental policies has been a surprise. He won anyway.

One thing you can say about Donald Trump is that he didn’t hide the ball. He told us exactly what he would do about the environment. Many people who say they care about climate change or the environment apparently didn’t care enough to come to the polls and vote for his opponent. People who liked …

Continue reading “What Did We Know and When Did We Know It?”

Constitutional Rights in a Pandemic

When does public health override individual rights?

Lockdowns and social distancing impinge on activities that are protected by the Constitution. That’s been true in many states of church services and in some states of abortion. When the cases have come before they courts, they have often turned to a 1905 Supreme Court case decision, Jacobson v. Massachusetts, which upheld a state law …

Continue reading “Constitutional Rights in a Pandemic”

What was Trump’s Role in Premature Reopening?

Yes, he was at fault, but it’s complicated.

In a column about a week ago, Paul Krugman pointed to the dire consequences of the reopenings in the Sunbelt and laid the blame entirely on Trump. He viewed it as “case of Republican governors following Trump’s lead.” The “main driving force,” he said, was Trump’s reelection strategy. There’s some truth to that, but it’s …

Continue reading “What was Trump’s Role in Premature Reopening?”

The Kudlow Inversion

Trump’s key advisor on the economy, the coronavirus, and regulation, with a gift for getting everything wrong.

“Only the best people,” Trump said. Let’s talk about his chief economic advisor, Larry Kudlow. Kudlow seems to live in an inverted, upside-down world. He somehow manages to be wrong about everything — wrong about the economy, wrong about deregulation, wrong about climate change, wrong about the coronavirus. A full sweep, in other words. It’s …

Continue reading “The Kudlow Inversion”

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

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

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.

Understanding Loper: The Grandfather Clause

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

A New Era of Conservation on the Horizon

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

35 Major Climate Initiatives Under Biden

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

Region: National

Why is he investing so much in something so draconian and so unnecessary?

The Outlook for State Climate Policy Might Improve

Here’s the state of play and some thoughts about the future.

Another Trump rollback gets slapped down in court.

Or in more technical terms, the Tragedy of the Commons? Or its inverse?

There were basic errors in organizing the White House pandemic response. It’s a teachable moment in crisis management.

Nothing about Trump’s environmental policies has been a surprise. He won anyway.

When does public health override individual rights?

Yes, he was at fault, but it’s complicated.

Trump’s key advisor on the economy, the coronavirus, and regulation, with a gift for getting everything wrong.

TRENDING

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

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

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.

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

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

By any measure, it has been an eventful four years for climate policy, with billions in spending and many major regulations finalized. Here’s a timeline of the Top 30 actions.

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

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