Regulation
Webinar: Climate Policy without the Endangerment Finding
UCLA Law’s “Up in the Air” webinar explores the future of federal and state climate policy if the endangerment finding is repealed.
As Environmental Protection Agency Administrator Lee Zeldin rushes to rescind the endangerment finding — which some have called “the Holy Grail of U.S. climate policy” — the UCLA Emmett Institute hosted an expert panel discussion on the reasoning and ramifications of such a move. The effort underlines “an extraordinarily dark time in U.S. environmental politics,” …
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CONTINUE READINGThe Forgotten Constitution
There’s a lot more than the “executive power” in there.
To hear Trump & Co., you might think that the Constitution was one sentence long, with that sentence vesting the executive power in the President. That’s the theory behind his efforts to remake the government – including environmental regulation – single-handedly. But there’s a lot more in there. Much of that forgotten language is directly relevant to the presidential actions that are now shaking the government, including environmental governance.
CONTINUE READINGDOJ Challenge to Vermont’s Climate Law Has a Problem
The EPA’s proposed repeal of the endangerment finding undermines the U.S. position in the Vermont Climate Superfund Case.
EPA’s proposal to rescind the Clean Air Act endangerment finding is not final but it is already causing problems for the Trump Administration in court. The Department of Justice today filed a brief for summary judgment challenging Vermont’s climate superfund law. Its principal argument? That the Clean Air Act — in regulating greenhouse gases — …
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CONTINUE READINGThe Color PURPA
A Win for Solar– And a Glimpse of Life After Chevron
The majority in a recent case — an Obama appointeet and a Trump appointee — ruled in favor of renewable energy. Even without Chevron deference, they were able to conclude that the statute favored solar producers. And unlike a win under Chevron, this one can’t be reversed by a more conservative agency — it’s etched in stone.
CONTINUE READINGCertainty for the California Compliance Carbon Market
California’s signature climate program receives formal legislative extension through 2045.
As the California legislative session came to an end last week, Assembly and Senate leaders released a last-minute deal on formally extending California’s Cap-and-Trade Program for the next two decades through Assembly Bill (AB) 1207. The bill received the required supermajority vote on Saturday, September 13, and now moves to Governor Newsom’s desk for signature. …
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CONTINUE READINGThe Woeful Economics of a Misguided Rollback
The costs of Trump’s rollback of key climate rules far outweigh any benefits.
Trump’s rollback of regulations limiting emissions from power plants is an economic disaster. According to economists, health damages far exceed savings from lower compliance costs. Just considering health impacts alone, the net cost of the rollback will be $129 billion through 2050. Climate damages add another $148 billion in costs.
CONTINUE READINGWhat Do Bureaucrats Maximize?
New research demonstrates that governments can reduce intractable emissions problems — if they have the right incentives
It’s no secret that Delhi has perhaps the worst air quality in the world, and it’s also no secret that crop-burning in nearby agricultural areas is one of the principal causes (along with topography). But what can you do about it? It’s illegal already, but because crop-burning is a cheap and effective way to get rid …
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CONTINUE READINGDear 2025 1L:
Avoiding a climate disaster isn’t something today’s students can plan on tackling “over the course of their careers.” The most critical time will be the next fifteen years, which means you’ll need to get to work quickly.What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So grab your books, get yourselves ready, and be prepared to head for the trenches when you graduate. No time to waste!
CONTINUE READINGWhy Repeal the Endangerment Finding?
The aims may be overturning Mass v. EPA and avoiding new rulemakings.
Much will be said about the weakness of the various justifications EPA and the Department of Energy offered yesterday about why greenhouse gases do not endanger public health and welfare under the Clean Air Act. Those justifications are, indeed, remarkably weak. For example, DOE’s argument that economic damages appear to be lower than economists estimate …
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CONTINUE READINGHow To Beat A Jackass
Trump’s destruction of the federal government poses a hard question: how to quickly stand up robust institutions?
Sam Rayburn served nearly a half-century as a Congressmember, and still holds the record for the longest tenure as Speaker of the House. So he knew a thing or two about government. One of his aphorisms speaks powerfully to our age: “Any jackass can kick a barn down, but it takes a carpenter to build …
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