Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.
Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …CONTINUE READING
Where are we, after continual environmental assaults by Trump, Pruitt, and Zinke?
Trump has been in office for a year and a half. Where do thing stand? How permanent will the damage be to environmental protection? Answer: bad, but not nearly as it might have been. The degree of resistance especially impressive when you consider the circumstances just how much of American government is controlled by Republicans. …CONTINUE READING
When land-use deregulation gets characterized as regulation, and why
Perhaps the biggest topic in land-use law and housing affordability in California over the past couple of months has been a piece of legislation introduced by State Senator Wiener, SB 827. Ethan has blogged quite a bit about the bill – the basic concept of the legislation is to eliminate or significantly restrict a number …CONTINUE READING
How much does the Congressional Review Act preclude follow-up regulation?
Most people probably never heard of the Congressional Review Act before now. This law — “CRA” to Beltway folks — is an obscure statute — previously used only once — that allows Congress to strike down an agency rule with an expedited procedure (no filibuster). The GOP is gleefully taking advantage of its control of the …CONTINUE READING
The Trump plan of deregulation and tax cuts has been tried. It didn’t work.
President-elect Trump has promised to unleash economic growth by cutting taxes and regulation. In terms of regulations, he has said: “One of the keys to unlocking growth is scaling-back years of disastrous regulations unilaterally imposed by our out-of-control bureaucracy. “Regulations have grown into a massive, job-killing industry – and the regulation industry is one business …CONTINUE READING
New York electricity regulators are working hard on “Reforming the Energy Vision”
It seems to be an undeniable part of human nature. When we consider making changes – whether it has to do with the place where we live, the business we are in, or the partner we choose – we tend to compare the flaws of the thing we know to the ideal version of the …CONTINUE READING
Some scholars like to suggest that there is a natural regulatory cycle: the perception of market failures leads to regulation, and the perception of regulatory failures leads to deregulation. While the 1990s were dominated by free trade agreements and economic deregulation, many political observers see greater acceptance of regulation now, in light of investor malfeasance …CONTINUE READING