Region: National

Debate Amid Coronavirus: Are Single-Use Plastic Bags Safer?

Legal Planet Plastic Bags

How Plastics Companies and Environmental Groups Can Help Us Find an Answer

Since the outbreak of COVID-19, concerns have grown over the safety of grocery bags. Many U.S. states—among them New York, California, Maine, Massachusetts, and Oregon—have suspended or delayed their single-use plastic bag bans in the past two months. Some places like Massachusetts, New Hampshire, and San Francisco have gone even further to temporarily ban reusable …

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Are the Coronavirus Models Too Pessimistic?

Unfortunately, if anything, reality has often turned out somewhat worse than predicted.

The White House thinks coronavirus models are too pessimistic. If anything, the evidence suggests the models aren’t pessimistic enough. Their projections of future deaths have often been too low.

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The Coronavirus and the Commerce Clause

Could Congress mandate CORVID-19 vaccinations? Not if you take some Supreme Court opinions seriously.

If we get a vaccine against a national epidemic, could Congress pass a law requiring everyone to get vaccinated?  That very question was asked during the Supreme Court argument in the 2012 constitutional challenge to Obamacare’s individual mandate.  The lawyer challenging Obamacare said “no, Congress couldn’t do that.” What’s shocking is that this may have …

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How to Jump Start the Economy? Regulate

Smart Regulation Can Overcome The “Paradox of Thrift”

Once we begin to dig ourselves out from the COVID-19 pandemic, we will need to think seriously about how the rebuild the economy. And that should scare environmentalists. Expect a whole series of pushes from the usual suspects about we “can’t afford” environmental protection when the nation is in depression. That is precisely wrong. Suppose …

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Resuscitating Obama’s Environmental Legacy

Trump has had a single-minded focus on eliminating any traces of Obama’s presidency. But it’s not too late to turn the tide.

We’ve now had nearly four years of Trump’s all-out war on environmental protection. Trump has single-mindedly tried  to wipe out every trace of Obama’s legacy.  It’s time to see what’s left of Obama’s achievements. And what could a new President do to revive his legacy? In a Legal Planet post a week before the last …

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The World Leader Who is Far Worse Than Trump

Take everything Trump did wrong about the virus. Then square it. That’s Bolsonaro.

Yes, Trump made huge mistakes in the coronavirus outbreak. But no, he’s not the worst world leader in this respect. That prize currently goes to Brazil’s Jair Bolsonaro.  Like Trump, he’s a rightwing populist leader. He’s even been called “the Trump of the Tropics.” But he’s far more unmoored. When asked about Brazil’s record number …

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Conservatives versus Lockdowns

Conservatives versus Lockdowns

Spurred on by conservative groups, protesters are demanding that their states go back to business as usual.  This sentiment isn’t limited to the kinds of hotheads who insist on congregating in public during an epidemic, or even to  conservatives like Betsy DeVos who  help to fund these groups and promote their protests. It also includes …

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Asserting “Climate Necessity” in Defense of Civil Disobedience

Giving climate change activists a fair hearing in court

The first Earth Day, fifty years ago, was a product and catalyst of political movements that established bedrock environmental laws in the United States. Without decades of political activism, there would be no Clean Air Act, Clean Water Act, or Endangered Species Act, nor would there be vigorous enforcement regimes to carry these laws out. …

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Grid Experts Weigh In on the Clean Power Plan Repeal and ACE Rule

UCLA Emmett faculty share expert voices in an amicus brief filed last week in the D.C. Circuit

Among the many Trump Administration rollbacks of climate regulation, a big one is its decision to repeal the Clean Power Plan and to replace it with a rule that does almost nothing to reduce carbon dioxide emissions from fossil-fuel-fired power plants. The electricity sector has made significant progress in reducing climate pollution recent years, but …

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Red States, Blue Governors

Democratic governors in deep red states can only do so much.

Democrats flipped a number of statehouses in the past two years.  In some of those states, the new governors have faced GOP legislatures.  Their travails indicate some of the limits of what a new President could accomplish with a GOP Senate. North Carolina, Wisconsin, and Kansas are three cases in point.  I want to ask …

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