Region: National
American Public Wakes Up, Smells the Coffee
Further evidence of a shift in public opinion on climate change.
As I discussed in a September 9th post, public opinion has been shifting toward greater recognition of climate change and the need to respond. Much of the evidence came from polls dating back a few months. Further evidence is provided by two polls released this week. People do seem to be waking up to the …
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CONTINUE READINGTrump’s Tweet about Yanking California’s Waiver is, Shockingly, Full of Falsehoods
The rollback will not make drivers safer and will not save consumers money
President Trump just sent out a series of tweets announcing and defending his decision to revoke California’s permission to issue its own tough standards to reduce carbon pollution and require manufacturers to sell Zero Emission Vehicles in the state. Julia has a great analysis of why the decision is terrible policy and bad law that …
CONTINUE READINGTrump Announces Waiver Rollback on Twitter
Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible
This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019. President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …
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CONTINUE READINGA Welcome Victory in the D.C. Circuit
This is what it looks like when judges just buckle down and do their jobs.
Last Friday, the D.C. Circuit decided Wisconsin v. EPA. The federal appeals court rejected industry attacks on a regulation dealing with interstate air pollution but accepted an argument by environmental groups that the regulation was too weak. Last week also featured depressing examples of the drumbeat of Trump Administration rollbacks, so it was especially nice …
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CONTINUE READINGIs California’s High Speed Rail Project Falling Apart?
Join my KALW radio conversation tonight with newly appointed High Speed Rail Authority board chair Lenny Mendonca at 7pm
The future of California’s high speed rail system has arguably never been as perilous as now. Otherwise-supportive legislators are now openly mulling raiding high speed rail funds meant to complete the first leg in the Central Valley for rail improvements in the more densely populated parts of California, namely the San Francisco Bay Area and …
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CONTINUE READINGTrump’s Legal Challenges to the California’s Car Deal
Is there any legal basis for the Trump Administration’s actions?
Prompting rage by President Trump, California and several carmakers entered a voluntary agreement on carbon emissions from new cars that blew past the Administration’s efforts to repeal existing federal requirements. Last week, the Trump Administration slapped back at California. Although there’s been a lot of editorializing about that response, I’ve seen very little about the …
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CONTINUE READINGTrump’s Spite War Against California and the Automakers Ramps Up
Threatening letter, investigation in addition to waiver revocation
Today in the Trump spite wars against California and the four auto manufacturers, we learn that the threat to revoke California’s waiver was only the first salvo from the administration. As I blogged last night, the Administration is considering revoking California’s federal waiver to issue pollution standards for cars without simultaneously rolling back tough auto …
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CONTINUE READINGRumored White House Move to Revoke California’s Waiver Is Trump’s Revenge Against the State
Move Motivated by Spite, Not by Policy Considerations
A White House official today confirmed to Politico that the Administration is considering revoking California’s permission (called a “waiver”) to set its own greenhouse gas emissions and zero emission standards for cars and light trucks. Rumors are that the waiver revocation could happen as early as tomorrow. The news in this announcement is that the …
CONTINUE READINGSidestepping Regulatory Ossification
The regulatory process can take forever. Here are some possible responses.
Some years ago, Tom McGarity coined the phrase “regulatory ossification” to describe the increasingly slow and cumbersome regulatory system. Since then, the situation has only gotten worse. As a recent article by Bethany Davis Noll and Richard Revesz points out, significant regulations take an average of four years to issue, and judicial review adds another …
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CONTINUE READINGCost-Benefit Analysis and the Next President
If it’s Trump, we’ll see more of the same. But what if a Democrat wins?
Under executive orders dating back to Reagan, regulatory agencies like EPA are supposed to follow cost-benefit analysis in making decisions. Under the Trump Administration, however, cost-benefit analysis has barely even served as window-dressing for its deregulatory actions. It has launched a series of efforts to prevent full counting of regulatory benefits, as well as committing …
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