Politics
Supreme Court Issues Narrow Decision in Dusky Gopher Frog Case, Leaving Key Questions About the Scope of Critical Habitat Unresolved for Now
Fifth Circuit Must Now Review Whether Designated Critical Habitat is “Habitat,” & Whether Agency’s Assessment of Costs and Benefits of Critical Habitat Designation Was Arbitrary
The U.S. Supreme Court filed its opinion in Weyerhaeuser v. U.S. Fish and WIldlife Service today. I’ve posted about this case previously here (when our clinic filed its brief on behalf of preeminent scientists) and here (on the day of the oral argument in the case). (Note that this blog post, like all my posts on this …
CONTINUE READINGThen and Now
How has environmental law changed in the last 38 years? A lot … and not that much.
I recently happened to remember a funny incident from 1980. The first edition of what was then the Findley & Farber casebook went to the publisher in October of 1980. I remember vividly encountering a colleague in the hallway who asked cheerily if the book had gone to the printer. When I said yes, he …
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CONTINUE READINGA Catalogue of Game Changers
We’re making progress on addressing climate change, and I’m hopeful that we’ll continue doing so. Yet it’s not clear whether the path we’re currently on will make progress fast enough to avoid very serious risks. So what would it take for us to make a quantum leap in this effort? I wouldn’t hazard a prediction …
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CONTINUE READINGGuest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are
Facts About California’s Oil and Greenhouse Gas Emissions
Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …
CONTINUE READINGAn Ax, Not a Scalpel
Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.
Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …
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CONTINUE READINGKey Senate Races: Retrospective
The toss-up races came out 50/50, with the pro-environmental candidates winning 4 out of 8 elections.
In a post last March, I explained the environmental stakes in eight toss-up Senate races. We now know how those races came out. Vindicating the laws of probability, the results of the toss-ups were evenly divided between the two parties. In terms of the overall election picture, I said: “The odds are that the Republicans …
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CONTINUE READINGPost-election climate policy options
Options for newly empowered state governors, legislators and US House Representatives to advance climate policy
This post is co-authored by Dan Farber and Eric Biber. Democrats took control of the US House of Representatives in the election last week, took full control of six state governments (Nevada, Colorado, New Mexico, New York, Maine, and Illinois), took governorships in seven states (including Michigan, Wisconsin, and Kansas), and made significant gains in …
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CONTINUE READINGSessions Out, Whitaker In: What Might the DOJ Shakeup Mean for Environmental Enforcement?
¯\_(ツ)_/¯
News broke this afternoon that Trump has forced Attorney General Jefferson Beauregard Sessions III to resign — naming Sessions’ chief of staff, the Marbury v. Madison critic and sports take tweeter Matthew Whitaker acting AG. This move obviously has some pretty horrifying implications for the country at large, but it’s worth thinking about how the …
CONTINUE READINGThe 2018 Elections: What’s the Upshot?
Overall, some very positive developments in terms of energy and environmental policy.
What happened on Tuesday? And what does it mean for the environment>? Going into Tuesday’s voting, there were three possible scenarios about the outcome: The Least Favorable Scenario for Environmental Regulation. In this scenario, the Republicans would hang on to control of the House by a smaller margin than today, and they gain several seats …
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CONTINUE READINGElection Scenarios
Here are three ways things could play out from now to 2020.
We should know within the next 48 hours who will control the House and Senate, though if races are very tight it might take longer. I don’t want to make election predictions — that’s Nate Silver’s job, not mine. But I do want to sketch out some scenarios for the next two years, depending on …
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