Region: National

The Environmental Pollution Agency Prioritizes Environmental Rollbacks While Dropping Environmental Enforcement

New Policy Allows Companies to Use Covid-19 As an Excuse to Pollute

The covid-19 epidemic is providing the Environmental Protection Agency with the perfect opportunity to demonstrate its priorities:  full speed ahead with environmental roll backs, including greenhouse gas/fuel economy standards for cars, cutting back on the regulation of mercury from power plants, loosening regulations on coal ash from coal plants and more.  Employees at EPA have …

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While You Were Sleeping: Coronavirus Apparently Won’t Stop Trump Environmental Rollbacks

EPA May Roll Back Car Standards Next Week

The New York Times is reporting that, despite the corona crisis and the shelter in place orders affecting people around the country, Andrew Wheeler is pressuring his EPA staff  to release a finalized rule rolling back  greenhouse gas emissions/fuel economy standards for cars.  These EPA staff are for the most part working from home with …

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Federalism and the Pandemic

For statutory, practical, and constitutional reasons, states are on the front line.

The states have been out in front in dealing with the coronavirus. Apart from Trump’s tardy response to the crisis, there are reasons for this, involving limits on Trump’s authority, practicalities, and constitutional rulings. Statutory limits. As I discussed in a previous post, the President’s power to deal with an epidemic is mostly derived from …

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Are Pandemics An Argument Against Cities?

COVID-19 spread shows governance matters more than density

With the COVID-19 virus shutting down cities and countries all over the world, anti-urban advocates are seizing the moment to argue that pandemics prove urban density is bad. For example, longtime sprawl booster Joel Kotkin argues that shelter-in-place orders and fear of contagion will push people to demand more lower-density homes, far from crowded and …

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Court Rejects Trump Administration’s Cap-and-Trade Lawsuit Against California

Federal Government’s Constitutional Challenge to California’s Linked GHG Reduction Plan Fails

Since President Trump took office in early 2017, the State of California has filed over 70 different lawsuits challenging the Trump Administration’s policy initiatives on multiple fronts, including the environment, immigration policy and health care.  Over 40 of California’s lawsuits have targeted the Administration’s efforts to roll back longstanding federal environmental protection, natural resource management …

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Inequality and the Coronavirus

Everyone is at risk, but some more than others.

It’s a truism among disaster experts that people who were disadvantaged before a disaster are also the most vulnerable during the disaster.  There are aspects of the coronavirus pandemic that fit this mold.  Here are some of the disparities we can expect to see. Rural v. Urban. Much of our economic growth and job opportunity …

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Uncertainty in the Age of Coronavirus

There’s a lot we don’t know at this point. How should we deal with that?

Knowledge about the coronavirus is limited but growing. In the meantime, how should we cope with this uncertainty?  I can’t give you psychological advice, but I can say something about how to think about this uncertainty. How to make decisions under uncertainty is something we know a lot about from the environmental sphere. Uncertainty is …

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Is a Pandemic a Major Disaster?

Cuomo has asked for major disaster relief. But there’s a serious legal hurdle to that.

Yesterday, I wrote about presidential powers in a pandemic. I mentioned the possibility of declaring the pandemic a major disaster under the Stafford Act.  Today, we learned that Gov. Cuomo of New York has made such a request. [Note: two days after this was written, FEMA granted the request.] What does the law have to …

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The Flight From Evidence-Based Regulation

This Administration specializes in arguments for ignoring the evidence.

The Trump Administration’s major deregulatory efforts share a common theme. They assiduously avoid having to rely on scientific or economic evidence. Confronting that evidence is time-consuming and difficult, particularly when it often comes out the other way. Instead, the Administration has come up with clever strategies to shut out the evidence. The effort to repeal …

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Presidential Power in a Pandemic

The President does have considerable power, but there are serious limitations.

Now that Trump has belatedly declared a national emergency, what powers does he have to respond to the coronavirus pandemic?  There has been a lot of talk about this on the Internet, some of it off-base. it’s important to get the law straight. For instance, there’s been talk about whether Trump should impose a national …

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