Administrative Law
The Election, Vehicle Emissions, and State Climate Plans
If the California car waiver survives a possible Trump presidency, we may have the overruling of Chevron to thank.
If one single thing about the election keeps state environmental regulators up at night, it’s how much a Trump victory would impact their ability to cut transportation emissions. As it turns out, Trump’s leverage would be reduced, ironically enough, because his conservative Supreme Court appointees helped overrule the Chevron doctrine. Trump can still cause a …
Continue reading “The Election, Vehicle Emissions, and State Climate Plans”
CONTINUE READINGMrs. Palsgraf, Meet Enviromental Law
A case involving a freakish accident with fireworks casts a big shadow in environmental law.
Today in my first-year Torts class, I teach the Palsgraf case, one of those cases that every lawyer knows by heart. More about Palsgraf in a moment. It’s a tort case, so it won’t surprise you that oil companies use similar arguments against having to pay damages for climate change. But it may be more …
Continue reading “Mrs. Palsgraf, Meet Enviromental Law”
CONTINUE READINGThe Contract with America
Or, as some critics called it, “the Contract ON America.”
The Contract with America was the brainchild of Newt Gingrich. It was a turning point in American politics: moving the GOP from compromise to confrontation, nationalizing what had previously been locally oriented House races, and shifting the GOP far to the right. There’s a reason they call Gingrich the man who broke Congress.
CONTINUE READINGThe Libertarian Critique of Trump’s “Schedule F”
As it turns out, you can hate BOTH government regulation and Trump’s assault on the “deep state.”
Installing inexperienced ideologues in the executive branch won’t accomplish anything useful and would only make it harder to implement deregulatory policies. The main effect of Schedule F would be gridlock rather than policy change
CONTINUE READINGThe Zombie Myth of Job-Killing Regulations
Some ideas never die, no matter how much evidence piles up against them.
With the Labor Day weekend coming up, let’s talk about jobs. Some myths are like zombies in two ways. They refuse to lie down and die, not matter what you do. And if you aren’t careful, they can eat your brain. An example is the idea that environmental regulation kills jobs. Tragically, this brain worm …
Continue reading “The Zombie Myth of Job-Killing Regulations”
CONTINUE READINGTrump’s Replacement for Project 2025: The “Other” MAGA Plan
It’s not Project 2025, but the “America First Agenda” is worse in some ways.
From the perspective of those who believe in environmental protection, the Trump team’s switch from one rightwing think tank to another doesn’t seem to be much of an improvement. They would both set environmental law back by decades.
CONTINUE READINGThe Impoundment Gambit
Trump plans to use this unconstitutional strategy to reverse congressional priorities and gut environmental agencies.
Trump’s claim of constitutional control over spending would allow him to slash social security or environmental protection with a single stroke his pen, and there would be nothing Congress could do about it.
CONTINUE READINGSchedule F and the Future of the Regulatory State
What is Schedule F? Would it be legal? And why does it matter so much?
Trump has vowed to destroy the “deep state” and to wreak vengeance on his enemies. Something called “Schedule F” is one of the key tools he plans to use as soon as he takes office to “remove rogue bureaucrats,” and he promises to use that tool “very aggressively.”
CONTINUE READINGThe D.C. Circuit and the Biden Power Plant Rule
The court’s denial of a stay is very good news for EPA
The D.C. Circuit frequently denies stays, but this ruling was notable for three reasons: It allows an important climate change regulation to go into effect; it clarified an important legal doctrine; and it has a good chance of being upheld on appeal.
CONTINUE READINGUnderstanding Loper: A Sheep in Wolves’ Clothing?
The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.
Because there are so many outstanding questions about the Court’s new approach to judicial review, we won’t know its practical impact for some time. Its symbolic impact as an affirmation of conservative ideology is more obvious.
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
