National Archives - Page 71 of 180

Region: National

Deferred Planetary Maintenance

It’s easy to put off long-term problems when there’s a crisis. Much too easy, actually.

Long-term problems get short shrift in a crisis. That’s true of infrastructure repair; it’s also true of climate change. Like deferred maintenance, climate change just gets bigger the longer it’s put off. I often see the fruits of deferred maintenance on the Berkeley campus. Building conditions are a huge problem at Berkeley. Whenever there’s a …

Continue reading “Deferred Planetary Maintenance”

Seven Months to Election Day (and Counting)

You may have forgotten, but the clock is still ticking.

You may not have been focused on this, but there will be a Presidential election seven months from today. The stakes are enormous for environmental law. In fact, those stakes can be measured in megatons of carbon. There’s no question about Trump’s approach to environmental regulation. As of the beginning of this year, ninety-five environmental rollbacks …

Continue reading “Seven Months to Election Day (and Counting)”

Is Saving Lives Unconstitutional? A Response to John Yoo

Takings law is complicated, but the answer to this question is clear. The answer is no.

Like others on the extreme right, the Hoover Institution is campaigning against “stay at home” orders because they cost too much money. Regrettably, the most recent argument to this effect on their website is by my colleague John Yoo. He argues that the Constitution requires states to compensate business owners for their losses. That’s simply …

Continue reading “Is Saving Lives Unconstitutional? A Response to John Yoo”

Interpreting Models of Coronavirus Spread

Models are crucial to making policy decisions during the epidemic, but you have to know how to use them.

This post works through an exercise in how to use and interpret models of disease spread. Here are the takeaways for policy analysis: You need to know about a model’s sensitivity. Particularly in settings where the specific numbers really matter, such as forecasting how many hospital beds will be needed, it’s important to take into …

Continue reading “Interpreting Models of Coronavirus Spread”

A Tearful Trump Rues Climate Denial

Greta Thurnberg Given Free Mar-a-Lago Lifetime Membership

Tears ran down his face as Trump paused in the middle of an unscheduled coronavirus briefing late last night. He turned to reporters saying, “Climate change. It’s a disaster. Who knew? It’s a real disaster. I alone can fix this!” Stunned White House aides attributed the comments to a telephone conversation that evening between Trump …

Continue reading “A Tearful Trump Rues Climate Denial”

Deciphering the SAFE Rule

When the agencies say x, they mean y

I’m one of many environmental lawyers this morning poring over the just-released final rule rolling back federal fuel economy and climate emission standards for cars. I’m finding it helpful to create a key, of sorts, to the Orwellian language I’m encountering. Here you go! Happy reading, everyone. What it says What it means …

Continue reading “Deciphering the SAFE Rule”

The Epstein Affair

A prominent law prof got COVID-19 numbers disastrously wrong. Then things got worse.

The New Yorker recently published a devastating interview with law professor Richard Epstein. He had attracted their notice by publishing two columns on the Hoover Institution website, the first projecting a total of 500 U.S. deaths from the coronavirus (later raised to 5000), and the second defending his work. I don’t see any need to …

Continue reading “The Epstein Affair”

Polticial Bias Versus Scientific Integrity: An Empirical Test

What the effort to pack the EPA’s Scientific Advisory Board can teach us.

Many people distrust environmental science, though for different reasons. Progressives may discount science that they see as supporting business interests. Meanwhile, conservatives may think scientists come to “politically correct” conclusions in order to get grants. It’s reasonable to think that these things may sometimes happen. But how strong are these effects? Unwittingly, the Trump Administration …

Continue reading “Polticial Bias Versus Scientific Integrity: An Empirical Test”

Transit-Oriented Development Shouldn’t Be A Coronavirus Casualty

California still needs more housing close to transit.

In recent weeks, California has emerged as one center of the COVID-19 pandemic, but it continues to face challenges that existed long before the disease reached the state. Two serious ones: how California will meet its ever more stringent greenhouse gas emission reduction targets, and how the state will manage to provide affordable housing for …

Continue reading “Transit-Oriented Development Shouldn’t Be A Coronavirus Casualty”

Still Not SAFE

The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.

After months of delay, the Trump administration has reportedly chosen this coming week—in the middle of a nationwide crisis due to the COVID-19 pandemic—to finally release the second part of its two-part rollback of Obama-era automotive fuel economy standards. This isn’t the only environmental rollback action the administration is planning to take during the coming …

Continue reading “Still Not SAFE”

The D.C. Circuit and the Biden Power Plant Rule

The court’s denial of a stay is very good news for EPA

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.

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.

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

It’s easy to put off long-term problems when there’s a crisis. Much too easy, actually.

You may have forgotten, but the clock is still ticking.

Takings law is complicated, but the answer to this question is clear. The answer is no.

Models are crucial to making policy decisions during the epidemic, but you have to know how to use them.

Greta Thurnberg Given Free Mar-a-Lago Lifetime Membership

When the agencies say x, they mean y

A prominent law prof got COVID-19 numbers disastrously wrong. Then things got worse.

What the effort to pack the EPA’s Scientific Advisory Board can teach us.

California still needs more housing close to transit.

The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.

TRENDING

The court’s denial of a stay is very good news for EPA

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.

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.

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.

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

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

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The court’s denial of a stay is very good news for EPA

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

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