EPA’s newest ozone rulemaking has failed to meet even the deferential standard of arbitrary and capricious review.
This blog is co-authored with Sean Hecht. On October 1, 2020, on behalf of 40 environmental and administrative law scholars affiliated with 33 universities in 18 states, Sean Hecht and I filed a comment letter urging EPA to withdraw its decision to keep the National Ambient Air Quality Standards (NAAQS) for ozone at the current …CONTINUE READING
For now, at least, environmentalists and economists are aligned in criticizing Trump’s rollbacks. Will this alliance last?
If it’s true that “the enemy of my enemy is my friend,” environmentalists might want to take another look at cost-benefit analysis. The Trump Administration is certainly doing its best to gut economic analysis of its rollbacks. Both economists and environmentalists are resisting. Is this an alliance of convenience or will it be the start …CONTINUE READING
We’ve seen some great examples of how NOT to deal with models.
Models have figured heavily in government responses to the coronavirus. This has given us the opportunity for a real-time lesson in the uses of models. In the process, we’ve learned some important lessons in how to best make use of models — and equally importantly, in how not to use them. That’s directly relevant to …CONTINUE READING
EPA’s new proposal would go beyond even the far-reaching original to limit agency use of the best science
Today, on behalf of 100 environmental and administrative law professors affiliated with 70 universities in 33 states and the District of Columbia, Sean Hecht and I filed a comment letter urging EPA to withdraw its updated proposal to limit the use of science in agency decisionmaking processes, misleadingly named the “Strengthening Transparency in Science” rule. …CONTINUE READING
Much of environmental law is about protecting public health. But the Trump Administration won’t listen.
During the coronavirus crisis, Dr. Anthony Fauci has become the voice of reason. Much of the public turns to him for critical information about public health, while even Trump finds it necessary to listen. In the Trump era, no one plays that role in the environmental area. The result is a mindless campaign of deregulation …CONTINUE READING
What the effort to pack the EPA’s Scientific Advisory Board can teach us.
Many people distrust environmental science, though for different reasons. Progressives may discount science that they see as supporting business interests. Meanwhile, conservatives may think scientists come to “politically correct” conclusions in order to get grants. It’s reasonable to think that these things may sometimes happen. But how strong are these effects? Unwittingly, the Trump Administration …CONTINUE READING
There’s a lot we don’t know at this point. How should we deal with that?
Knowledge about the coronavirus is limited but growing. In the meantime, how should we cope with this uncertainty? I can’t give you psychological advice, but I can say something about how to think about this uncertainty. How to make decisions under uncertainty is something we know a lot about from the environmental sphere. Uncertainty is …CONTINUE READING
This Administration specializes in arguments for ignoring the evidence.
The Trump Administration’s major deregulatory efforts share a common theme. They assiduously avoid having to rely on scientific or economic evidence. Confronting that evidence is time-consuming and difficult, particularly when it often comes out the other way. Instead, the Administration has come up with clever strategies to shut out the evidence. The effort to repeal …CONTINUE READING
Yet another effort to ignore reality, from the usual players.
We’ve seen this movie before. Scientists warn of a serious threat. But in Trump World, the problem doesn’t exist. It’s just a product of alarmism. First, climate change. Now, the coronavirus, COVID-19. Trump himself has worked hard to minimize the problem. “We have very few people with it,” he said, and ” people are getting …CONTINUE READING
Trump’s NEPA proposal flunks Torts as well as Environmental Science 101.
Last week’s NEPA proposal bars agencies from considering many of the harms their actions will produce, such as climate change. These restrictions profoundly misunderstand the nature of environmental problems and are based on the flimsiest of legal foundations. Specifically, the proposal tells agencies they do not need to consider environmental “effects if they are remote …CONTINUE READING