regulatory rollbacks
The Nondelegation Doctrine and Its Threat to Environmental Law
Here’s what the doctrine means and why it has suddenly become so significant.
If you ask Supreme Court experts what keeps them up at night, the answer is likely to be the non-delegation doctrine. If you are among the 99.9% of Americans who’ve never heard of it, here’s an explainer of the doctrine and what the 6-3 Court might do with it. What’s the nondelegation doctrine? Simply put, …
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CONTINUE READINGThe Controversial Congressional Review Act
Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.
The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He …
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CONTINUE READINGStrategies to Reverse Federal Environmental Rollbacks
Last month, CLEE released a website that compiled over 180 Trump Administration environmental policy rollbacks, from the repeal of the Clean Power Plan to the removal of government climate change websites. We tracked and evaluated these rollbacks based on their environmental, climate, public health, and programmatic impacts; identified the pathway and difficulty of reversal; and …
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CONTINUE READINGShould a New Congress Use a Deeply Flawed Law to Cancel Trump’s Regulations?
The Congressional Review Act was Newt Gingrich’s brainchild. It should be repealed.
The Congressional Review Act (CRA), part of Newt Gingrich’s “Contract With America”, slumbered for many years in obscurity. Then, in 2017, Congress dusted it off and used it to kill fifteen Obama administration regulations. I’m not the first to ask whether there should be payback if the White House and Senate change hands. There are …
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CONTINUE READINGRebuilding Environmental Protection
It will take years to fully recover from the damage of the Trump era. We will need some new ideas.
After almost four years of Trump, federal environmental protection is in about the same shape as Western Europe at the end of World War II, filled with bomb craters and destruction. If the election turns out in Biden’s favor, he will be faced with the task of rebuilding from the smoking ruins. Here are some …
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