Cass Sunstein Archives - Legal Planet

Cass Sunstein

Dworkin Does Dallas

The death of Ronald Dworkin last week was not merely an event for legal philosophers, but really for anyone concerning with the law, for Dworkin might have been the pre-eminent legal theorist of the last century. The legacy of his ideas is too broad and deep for a blog post, but his notion of law-as-integrity …

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Mayor Bloomberg and the Granny State, or: When is a Soda Ban Not a Ban?

Yes, that’s right: granny state, not — as conservatives are wont to call it — the nanny state. Dan’s thoughtful post the other day suggested but did not spell out an important theoretical implication of New York City’s prohibition on large servings of sugared soft drinks: it represents an almost-classic form of the “nudge,” the …

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Law School News: Sunstein Returns to Harvard

The White House announced that Cass Sunstein will be leaving OMB at the end of the month to return to Harvard Law School. Sunstein was not popular with environmentalists– I have heard people say that he was worse than some of the OMB heads who served under Republican presidents. He also doesn’t seem to have …

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The Ozone Rule: What Sunstein Didn’t Say

On September 2, Cass Sunstein wrote a letter to Lisa Jackson about the ozone rule, “requesting” that EPA withdraw the regulation. Beyond the fact that it was written at all, the letter is remarkable for its significant silences: Although the letter notes that the rule was based on science that is five years old, it …

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Ozone: Three More Comments

1) Ann argues persuasively that Obama’s decision was terrible politics. But it is also terrible economics. As the Shrill One pointed out the other day, we are currently in a liquidity trap, i.e. there is not enough demand in the economy to pull us out of the recession, and a lot of money is simply …

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UK report: behavioral change takes more than a nudge

Cross-posted at CPRBlog. No one seems to like the idea of regulation these days. Nudges, alternatives that try to get people to voluntarily alter their behavior by changing the context in which they make decisions, have been widely touted as a better approach. Cass Sunstein, Obama’s “regulatory czar” in the Office of Management and Budget, …

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White House review delays EPA mountaintop removal guidance

Cross-posted at CPRBlog. EPA has announced that it will delay finalizing its guidance memorandum on Clean Water Act permitting for mountaintop removal mining projects pending review by the White House Office of Management and Budget. The announcement is bad news for Appalachian streams, and worse news for environmental interests hoping the Obama administration won’t completely …

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Using Disclosure as a Smokescreen: How Behavioral Economics Can Deflect Regulation

A key figure in behavioral economics recently issued a warning about over-reliance on its findings. In a NY Times op. ed, Dr. George Lowenstein raised questions about some uses of behavioral economics by government policymakers: As policymakers use it to devise programs, it’s becoming clear that behavioral economics is being asked to solve problems it …

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The Top 10 Environmental Developments of 2009

10. Cass Sunstein becomes regulatory czar. Sunstein is a true believer in cost-benefit analysis, the bête noire of many an environmentalist. Obama’s appointment of Sunstein to oversee health and environmental regulations may put the brakes on regulatory initiatves. 9. California passes AB 758. The first mandate for energy efficiency standards for existing buildings. 8. Water …

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Cass Sunstein Confirmed by Senate

To the dismay of some environmentalists, the Senate confirmed Cass Sunstein as “regulatory czar” today. An undeniably brilliant scholar, Sunstein is a long-time advocate of cost-benefit analysis as a check on overly zealous risk regulation. (Unfortunately, his views of regulation figured much less in the public debate than a frenzied campaign to mobilize hunters, gun …

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Why the New Climate Reg for Coal is a Perfectly Normal EPA Rule

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Media battles. Lawsuits. Stay requests. And political mayhem.

We Need a True Debate Over Income-Graduated Fixed Charges

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Could Trump Cancel the IRA?

Probably not. But also possibly yes.

Climate Action for Earth Day

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

A New Era for Protecting Public Lands

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

Don’t Count Your Judicial Vultures Before They Hatch

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Filling in the Picture: The Latest From Kennedy about Climate

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

Five Myths and Half-Truths About California Cap and Trade

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida is a Climate-Denying Hellscape

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

Election 2024: The Current Outlook

The White House and the House are still up for grabs; Republicans are favored in the Senate.

A Word on Congestion Pricing

Time for local leaders to restart the discussion

The ‘Year of Climate’ in International Courts

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Ranking the Candidates’ Focus on Energy & Climate

Some campaign websites mention these issues only in passing. Others went into more detail.

No, EVs are Not Worse for the Planet

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

A Total Eclipse of the Heat

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Power of the People: Environmental Advocacy in China

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.

Cass Sunstein

TRENDING

EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.

Media battles. Lawsuits. Stay requests. And political mayhem.

A state bill to cap the fixed charges utilities can collect in California would shut down an important debate about equity and rate design. Here’s a better way forward.

Probably not. But also possibly yes.

“We have a long way to go, but we’ve started down the path.” I asked my UCLA Emmett Institute colleagues what climate actions give them hope on Earth Day. Here’s how they answered.

The Bureau of Land Management has always prioritized extraction activities. Now the agency has announced a rule that could elevate conservation.

The conservative Supreme Court majority may turn out as bad as we fear. Or maybe not.

Here’s what Kennedy says about his campaign, its effect on the race, and climate change.

California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

U.S. Court of Appeals Rejects Red States’ Challenge to California’s CAA “Waiver Authority”

Florida lawmakers want to erase climate change from their laws and ban local heat protection ordinances ahead of what could be another summer of record-breaking heat.

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

The White House and the House are still up for grabs; Republicans are favored in the Senate.

Time for local leaders to restart the discussion

Guest contributor Rebecca Hamilton previews several opinions that touch on the question of the international legal obligations of States in light of the climate emergency.

Some campaign websites mention these issues only in passing. Others went into more detail.

There’s an electric car culture war raging. It doesn’t hurt to say obvious things, like that electric cars reduce driving costs and pollute far less than gas-powered cars.

The eclipse mania gripping U.S. media and the entire nation is an opportunity to gaze in awe at the climate crisis we’ve unleashed and talk about our collective response.

Several of China’s most prominent environmental advocates will join a keynote talk at UCLA Law on the role of civil society in addressing China’s global environmental impacts.