Region: National
Cost-Benefit Analysis: FAQs
Cost-benefit analysis has been a key part of the regulatory process since 1980. Here’s how it works.
Cost-benefit analysis is required for all major regulations. It’s also highly controversial, as well as being a mysterious procedure unless you’re an economist. These FAQs will tell you what you need to know about how cost-benefit analysis (CBA) fits into the regulatory process, how it works, and why it’s controversial. Q: Let’s start with a …
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CONTINUE READINGWhy Local Governments Underproduce Housing
Local control over land-use regulation means local governments focus more on the harms than the benefits of housing
As governments in California and across the United States wrestle with how to address soaring housing costs, a significant flashpoint has been the issue of local control. Most land-use regulation in the United States is done by local governments: cities, counties, towns, villages. In California, much of the legislation intended to increase housing production has …
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CONTINUE READINGThe Shock of the Global
What the current fossil fuel energy crisis means for climate and clean energy policy
Pick up any newspaper and it is clear that much of the world is experiencing a series of interrelated energy price shocks. In Europe and the UK, natural gas prices are up by more than 500% over the last year, hitting all-time highs earlier this month. In the US, even with abundant supplies of natural …
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CONTINUE READINGNorth Carolina’s New Climate Legislation
A major, bipartisan step forward in an unlikely state.
Last week, North Carolina Governor Roy Cooper signed an important piece of climate legislation. I wrote last month about major, bipartisan climate legislation in Illinois. Like the Illinois law, the North Carolina law enjoyed broad bipartisan support. The North Carolina legislature is under firm Republican. Nevertheless, the bill passed the state senate by a 42 …
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CONTINUE READINGThe Origins of Climate Awareness in the Legal Academy
Forty years ago, the legal academia was getting its first glimmering about climate change.
Today, climate change is the central, though by no means the only, concern in environmental law. Awareness of the issue began slowly, however. Westlaw searches for “global warming” and “greenhouse effect” pick up only a handful of citations before 1985. The earliest mentions of these terms in the law review literature came in the late …
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CONTINUE READINGWhen Agencies Fail
Lives can be lost when agencies fall down on the job.
What happens when agencies fail in their jobs? People can die. The most dramatic example is the opioid crisis, in which a whole series of state and federal agencies fell short. The result has been hundreds of thousands of deaths. The FDA was one of the prime culprits. It bought into a myth, carefully cultivated …
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CONTINUE READINGDear 1L . . . .
Welcome to law school. You’re just in time to help save the world.
Dear 1L: You’ve gotten to law school at a crucial time for the future of the planet. The good news is that you’re arriving at a pivotal point when your work as a lawyer can make a big difference. The bad news is that we have a limited amount of time to get the situation …
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CONTINUE READINGTackling 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, …
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CONTINUE READINGGreening 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 …
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CONTINUE READINGThe 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 …
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