arbitrary and capricious review
NEPA Update: The Other Shoe Drops
A New D.C. Circuit Case reads the Seven County decision for all it is worth.
Based on the facts as set forth by the D.C. Circuit, its decision in the Tennessee Pipeline case may have been right. But the opinion went astray with its unrestrained enthusiasm for deference in NEPA cases, and its assumption that the same rules carry over in reviewing decisions under other statutes like the Natural Gas Act.
CONTINUE READINGEPA Jumps the Shark
Just as a past dictator rejected modern genetics, Trump rejects climate science. For both, evidence was no match for ideology and ego.
Honestly, EPA’s embrace of climate denial is just plain embarrassing. And the rest of the world will justifiably view it as one more sign that the U.S. has taken leave of its senses. Trump can change the name of a water body on maps, but he can’t change scientific reality. The scientific evidence about the reality of climate change, its causes, and its harms is incredibly well-established. It’s based on many different types of data and models, which have been tested and retested.
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
