Environmental Science
100 Law Professors Urge EPA to Withdraw Revamped “Transparency in Science” Rule
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. …
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CONTINUE READINGWe Need an Environmental Dr. Fauci
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 …
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CONTINUE READINGThe Epstein Affair
A prominent law prof got COVID-19 numbers disastrously wrong. Then things got worse.
The New Yorker recently published a devastating interview with law professor Richard Epstein. He had attracted their notice by publishing two columns on the Hoover Institution website, the first projecting a total of 500 U.S. deaths from the coronavirus (later raised to 5000), and the second defending his work. I don’t see any need to …
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CONTINUE READINGPolticial Bias Versus Scientific Integrity: An Empirical Test
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 …
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CONTINUE READINGThe Flight From Evidence-Based Regulation
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 …
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CONTINUE READINGHow Hot Will Things Get?
Identifying a realistic worst case scenario is complicated.
How hot will the world be in 2100? The answer partly depends on how much carbon we dump in the atmosphere between now and then. It also depends on how sensitive the climate system is to those emissions. Scientists have used 4.5 °C as the high end of the likely possibilities. That estimate derives from …
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CONTINUE READINGTracing Trump’s Trillion Trees
The president’s embrace of massive tree planting has a remarkable — and questionable — backstory
During last week’s State of the Union address, US President Donald Trump said: To protect the environment, days ago I announced that the United States will join the One Trillion Trees Initiative, an ambitious effort to bring together government and private sector to plant new trees in America and all around the world. Astute regular …
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CONTINUE READINGMisunderstanding the Law of Causation
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 …
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CONTINUE READINGCharting the Progress of the Latest Chapter in American Climate Change Litigation
State and Local Governments’ Common Law-Based Lawsuits Against the Energy Industry Are Steadily Gaining Traction
The latest chapter in American climate change litigation has been launched by local governments–and one state–across the U.S. against domestic and international fossil fuel companies. These lawsuits have been brought under one of the oldest and most venerable legal doctrines–state common law. They seek compensation from the energy industry for the myriad, adverse effects of …
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CONTINUE READINGCOP25 in Context, or “How Bad is It?”
Reflections on Stopping Speeding Locomotives and Falling Off Cliffs
In my last post, I sketched a few of the many intense tensions and contradictions swirling around this year’s Conference of the Parties (COP25) to the UN Framework Convention on Climate Change (FCCC). In this post, I’ll try to make some sense of the biggest tension of all, one that folks working on climate are …
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