Region: National
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 …
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CONTINUE READINGVacancy
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 READINGLabor 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 …
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CONTINUE READINGDisaster 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 …
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CONTINUE READINGAnother 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 …
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CONTINUE READINGEnvironmentalism 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 …
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CONTINUE READINGWhat If We Succeed?
If we “beat” climate change, what will we have to show for it?
Suppose we bring climate change under control and deal with its fallout. What will have we achieved? We will have prevented great harm. That, of course, is the main goal. Untamed climate change means an dangerous, ugly future for all of us on “Spaceship Earth.” Preventing that future is surely enough of a reason to …
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CONTINUE READINGSupervillains of the Enviro-Verse
🏴☠️ For your amusement: a rogues gallery of anti-Green villainy. 🏴☠️
Movements are defined as much by who and what they oppose as what they favor. To understand environmentalism, you have to know how it defines its opponents. Reality, of course, is always nuanced, but nuance isn’t much fun. Although I was originally going to provide a more serious treatment, I decided instead to have a …
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CONTINUE READINGHot off the Press: The New IPCC Report
The latest science confirms the need for urgent action.
The IPCC issued the massive first volume of its new report on climate change on Monday. This volume focuses on climate science: how much will the world warm, and what will the impacts be? The bottom line is that the evidence is becoming ever firmer that (a) humans are causing an unprecedented rate of climate …
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CONTINUE READINGA Sleeper Provision in the Senate Infrastructure Bill
The bill gives the Feds broad authority to authorize transmission projects.
We will need a much more robust transmission in coming years. Sources of renewable energy, such as Iowa wind farms, are often located far from the urban centers that need the power. Transmission also helps to deal with weather issues that may impact renewables: even if it’s too cloudy for solar in one state, the …
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