Regulation
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 …
Continue reading “Environmental Law’s Antitrust Paradox”
CONTINUE READINGThe Opioid Epidemic and Vaccine Hesitancy
The places hit hardest by opioids are often skeptical of vaccines. That’s probably not a coincidence.
The opioid crisis was the product of corporate greed run amok and a corrupted regulatory process. That crisis may have amplified deep distrust of the pharmaceutical industry and its government watchdogs — distrust that may now be reflected in vaccine skepticism. First, a little history. The manufacturer, Purdue Pharma, aggressively promoted the use of oxycontin, …
Continue reading “The Opioid Epidemic and Vaccine Hesitancy”
CONTINUE READINGThe Illusions of Takings Law
Nothing is as it seems, when the issue is whether a regulation is a “taking” of property.
For the last century, the Supreme Court has tried to operationalize the idea that a government regulation can be so burdensome that it amounts to a seizure of property. In the process, it has created a house of mirrors, a maze in which nothing is as it seems. Rules that appear crisp and clear turn …
Continue reading “The Illusions of Takings Law”
CONTINUE READINGThe Regulatory Process: FAQs
Here’s an explainer on how federal regulations get issued and reviewed by courts.
Even most lawyers, let alone the rest of the population, are a bit fuzzy on how the regulatory system works. As the Biden Administration is gearing up to start a slew of regulatory proceedings, here’s what you need to know about the process. Issuing Regulations Q: Where do agencies like EPA get the power to …
Continue reading “The Regulatory Process: FAQs”
CONTINUE READINGCost-Benefit Analysis and the Biden EPA
The recent rescission of a Trump rule hints at how the Biden Administration views the role of cost-benefit analysis.
In its closing days, the Trump Administration issued a rule designed to tilt EPA’s cost-benefit analysis of air pollution regulations in favor of industry. Last week, EPA rescinded the rule. The rescission was no surprise, given that the criticisms of the Trump rule by economists as well as environmentalists. EPA’s explanation for the rescission was …
Continue reading “Cost-Benefit Analysis and the Biden EPA”
CONTINUE READINGGuest Contributors Clara Barnosky, Jane Sadler, Richard Yates, and Zachary Zimmerman: The Biden Administration’s First 100 Days of Reversing Environmental Rollbacks
An Early Analysis of Progress and Priorities in the Executive Branch
In the final months of the Trump presidency, we (a team of students working with U.C. Berkeley’s Center for Law, Energy and the Environment (CLEE)) compiled a database of over 200 environmental rollbacks enacted during the Trump administration. These rollbacks characterized the administration’s aggressive focus on deregulation of industry and disregard of protections for the …
CONTINUE READINGWashington State Ups Its Climate Game
After much travail, the state has finally put a price on carbon.
The Washington state legislature passed a historic climate change bill on April 24. The bill requires a 95% cut in carbon emissions by 2050. After much travail, the state has finally managed to put a price on carbon by adopting a cap-and-trade system. With the decision of additional states to join the east coast RGGI …
Continue reading “Washington State Ups Its Climate Game”
CONTINUE READINGDo regulators and utility managers have irreconcilable differences or mutual goals?
By Alida Cantor, Luke Sherman, Anita Milman, and Mike Kiparsky
Do regulators and utility managers have irreconcilable differences or mutual goals? By Alida Cantor, Luke Sherman, Anita Milman, and Mike Kiparsky. What do climate change, aging infrastructure, and urban population growth have in common? They all pose major challenges – especially for water infrastructure in the United States. And many utilities are having a …
CONTINUE READINGRegulating Interstate Ozone Pollution: EPA Nears the Finish Line
The regulatory history is dauntingly convoluted. This sixteen year regulatory saga has lessons for climate policy.
EPA issued a rule last week that will significantly improve air quality, particularly on the East Coast. This is EPA’s fourth and final iteration of a rule-making process to control interstate air pollution that began in 2005. Reflecting this history, this fourth rule is a second and presumably final revision of an update to an …
Continue reading “Regulating Interstate Ozone Pollution: EPA Nears the Finish Line”
CONTINUE READINGThe Nondelegation Doctrine and Its Threat to Environmental Law
Here’s what the doctrine means and why it has suddenly become so significant.
If you ask Supreme Court experts what keeps them up at night, the answer is likely to be the non-delegation doctrine. If you are among the 99.9% of Americans who’ve never heard of it, here’s an explainer of the doctrine and what the 6-3 Court might do with it. What’s the nondelegation doctrine? Simply put, …
Continue reading “The Nondelegation Doctrine and Its Threat to Environmental Law”
CONTINUE READING