Despite all the political huffing and puffing, Biden’s order has a solid legal basis.
Incensed critics are calling Biden’s proposed “vaccine mandate” an outrageous usurpation of power. They need to take a deep breath. It’s not really a vaccine mandate, the only statutory issue is procedural, and there’s no constitutional problem. Calling Biden’s order a vaccine mandate is misleading. It could just as well be considered a testing mandate …CONTINUE READING
12 Lessons from the COVID response in how NOT to manage a crisis.
The Trump Administration’s bungling of the coronavirus pandemic surely should feature in management textbooks. Just about everything that could go wrong, did go wrong. Some of the problems derived from having a top manager who was fundamentally indifferent and seemingly incapable of grasping basic facts. But other problems were due to inability to manage the …CONTINUE READING
Phrases that should frighten environmentalists: “Shadow docket ” “Major questions doctrine”
Last Thursday, the Supreme Court struck down the CDC eviction moratorium in the Alabama Association of Realtors case. The case may seem far removed from environmental law, but it has some troubling implications for future EPA regulatory initiatives. The process used by the Supreme Court to intervene is as significant as the ruling itself. This …CONTINUE READING
Here’s what we can (probably) expect.
The Delta Variant sounds like the title of one of those Robert Ludlum thrillers, like The Bourne Identity. Actually, though, it’s a lot scarier. The Delta variant of the coronavirus is rapidly becoming dominant. What are its characteristics and what can we expect from its spread? The first thing to know is that the Delta …CONTINUE READING
Anti-vaxxers and climate deniers are abandoning America’s founding values.
Ironically, those who most trumpet their allegiance to the Founders often have least in common with their values. The Founding Fathers were men of the Enlightenment. They shared a belief that reason, free inquiry, and science would better the human condition. They looked to reason as a guide. They sought, in Jefferson’s words, to expunge …CONTINUE READING
The places hit hardest by opioids are often skeptical of vaccines. That’s probably not a coincidence.
The opioid crisis was the product of corporate greed run amok and a corrupted regulatory process. That crisis may have amplified deep distrust of the pharmaceutical industry and its government watchdogs — distrust that may now be reflected in vaccine skepticism. First, a little history. The manufacturer, Purdue Pharma, aggressively promoted the use of oxycontin, …CONTINUE READING
We know it was bad, but how much of the U.S. death rate can be attributed to him rather than circumstances?
The U.S. COVID response went badly in 2020. How much was because Trump was Trump? That is, if Trump had been a moderately competent but imperfect leader, facing a diverse population with a significant resistance to public health measures, how many lives would have been saved? That’s not a question that anyone can answer with …CONTINUE READING
The Trump Administration has essentially dropped enforcement of environmental laws and clinical trial requirements.
The easiest way to gut regulations is simply to stop enforcing them. That tried and true technique has been enthusiastically embraced by the Trump Administration. That’s been long suspected in terms of environmental law. Shockingly, the Administration has also mostly given up on enforcing the standards for conducting clinical drug trials. The breakdown in FDA …CONTINUE READING
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
The Administration’s management harkens back to a spectacular business collapse at the turn of the century.
Think of this as a parable. I’ll draw out some parallels at the end with the Trump Administration’s handling of the coronavirus, as detailed in a story in Sunday’s Washington Post. But first I’ll let you make some of the connections yourself. The Trump team’s triumph in 2016 was one of the great upsets in …CONTINUE READING