Biden Administration

The Last Four Years — and the Next Four

How did our predictions about Trump hold up? What should we expect for Biden?

In September 2017, Eric Biber and I published a threat assessment after the first 200 days of the Trump Administration. For those who have buried their memories of that time, those were days of shock and despair about the future of environmental protection (and much else). It seems time to bring our report up to …

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Is the ‘Vaccine Mandate’ Legal?

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 …

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Vacancy

A Key White House regulatory office has remained unfilled for a record time.

The Biden Administration is looking to make big regulatory changes, not least regarding climate change. Yet the White House office overseeing regulations is vacant. The obscurely named Office of Regulatory Affairs and Information (OIRA) has to sign off on all significant regulations. Even the dilatory Donald Trump had nominated a permanent administrator by July of …

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Labor and the Environment

Let’s talk about jobs and environmental protection.

Labor Day is a good time to talk about an important topic: the impact of environmental protection on jobs. This is a clearly a fraught issue. In support of his deregulation campaign, President Trump promised to “cancel every needless job-killing regulation and put a moratorium on new regulations until our economy gets back on its …

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Another Worrisome Signal from the Supreme Court

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 …

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Science article argues that conservation should be allowed to pay its own way on public lands

The law too often restricts resource rights on public lands to extraction activities and precludes conservation

The Bureau of Land Management (BLM) auction in February, 2016, for oil and gas drilling rights near Arches National Park was unremarkable. The high bidder, Tempest Exploration Co. LLC, paid $2,500 for the 1,120 acre lease by credit card and began paying annual rental fees. What soon did prove remarkable, though, was the revelation that …

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Full Speed Ahead? Biden Administration Set to Release New CAFE Standards

405 Freeway at Palms Blvd. in Los Angeles

As E&E News reported today, the Biden administration is expected to announce tomorrow new fuel economy and tailpipe emissions standards for light-duty vehicles model years (MY) 2023 through 2026. The move is long-awaited; one of the Biden administration’s first actions was to direct EPA and NHTSA by executive order to revise the Trump era version …

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Environmental Law’s Antitrust Paradox

In terms of business size, small may not be beautiful where the environment is concerned.

There has been a surge of concern about how big business may be undermining competition at the expense of consumers and workers. Two signs are Biden’s big executive order on competition and the appointment of antitrust hawk Lina Khan to head the FTC.  Paradoxically, however, big business may be better for the environment. According to …

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Towards Optimal Climate Policy, Part II

The future of effective climate policy requires balancing equity, efficiency, political feasibility, and technological innovation

In the prior blog post in this two-part series, I talked about how current debates on climate policy that are focused on equity and efficiency are inadequate. Today, I’ll explain how we might advance political feasibility through climate policy, how that is connected to technological innovation, and how we must necessarily balance between all four …

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Public Opinion and the Limits of Climate Policy

There’s a simple reason why it’s so hard to take bold climate actions nationally.

Gallup has studied environmental attitudes in America for several decades.  Their historical compilation is very revealing about our present political situation. It sheds light on why it’s been so hard to develop momentum for real change at the national level, and also about why there’s so much more of a push for change within the …

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