Regulation

Biden and Regulatory Review

Big changes may be coming to White House regulatory oversight.

President Biden seems to be poised to dramatically change how the White House reviews proposed agency regulations. I argued in a recent post that it would be better  to expand the focus of  regulatory review beyond cost-benefit analysis to include important values such as social justice and environmental quality. Biden may be moving in that …

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The Controversial Congressional Review Act

Biden has a congressional shortcut to cancel Trump’s regulatory rollbacks, but it comes with risks.

The Trump administration dedicated itself to deregulation with unprecedented fervor. It rolled back scores of regulations across government agencies, including more than 80 environmental rules. The Biden administration can reverse some of those actions quickly – for instance, as president, Joe Biden can undo Donald Trump’s executive orders with a stroke of the pen. He …

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The CRA is Back in Play

What you need to know about the Congressional Review Act and Trump’s regulatory legacy

This post is co-authored by Beth Kent and Cara Horowitz Last week’s Georgia Senate victories have given Democrats (bare) control of the Senate—and, with it, the potential to use the Congressional Review Act (CRA) to erase some of the Trump Administration’s regulatory rollbacks. Here are four key things to know about this unique legislative oversight …

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DC Circuit Gets Help from Grid Experts in Vacating ACE Power Plant Rule

The importance of understanding how things work

I’ve seen lots of good analysis already (including this post from Dan) of the DC Circuit’s decision today to invalidate the Trump Administration’s ACE Rule, which governs climate emissions from coal-fired power plants and does essentially nothing to reduce those emissions.  It turns out that doing essentially nothing is not enough. There’s a lot to …

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A Big Win for Climate Regulation

The DC Circuit overturns Trump’s effort to hamstring regulation of carbon from power plants.

The D.C. Circuit issued an opinion today knocking out Trump’s Affordable Clean Energy rule.  The Trump rule was a rollback of Obama’s keystone climate initiative, the Clean Power Plan.  The majority opinion plus dissent take up 185 pages, and I won’t try to describe it all here.  Briefly, here’s what the appeals court ruled and …

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Rethinking Presidential Administration

Giving the President more control of regulation has been a good thing — up to a point.

Conservatives love to complain about faceless bureaucrats, but blaming bureaucrats for regulations is hopelessly out of date.  When Elena Kagan was a professor, she wrote an article called “Presidential Administration.”  The article applauded her former boss Bill Clinton for seizing greater control of the regulatory process away from agencies. That trend has accelerated to the …

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The Georgia Elections, the Republican Schism, and the Environment

The prospects for a green stimulus bill have improved

Although the word is overused, last week really did see a seismic shift in the political world. Actually, there were two earthquakes — the victories of Democrats Warnock and Ossoff in Georgia, and the violent invasion of the U.S. capitol incited by Trump.  While the significance of these events is much broader, their relevance to …

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The California Supreme Court’s Most Important Environmental Law Decisions of 2020

It Was a Relatively Quiet Year for Environmental Law in the California Supreme Court

[This is the third and final installment in a series of posts highlighting the most significant environmental law decisions of 2020.  Earlier this week, I profiled the key 2020 environmental rulings by the U.S. Supreme Court and the U.S. Court of Appeals for the Ninth Circuit.  This post concludes the series with an examination of …

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The Ninth Circuit’s 10 Most Important Environmental Law Decisions of 2020

Climate Change, California v. Trump Cases Lead the List

This is the second of three year-end posts on the most important environmental law decisions in 2020 from the U.S. Supreme Court, U.S. Court of Appeals for the Ninth Circuit and California Supreme Court.  (The key U.S. Supreme Court rulings were the focus of yesterday’s post, and tomorrow’s will feature California Supreme Court decisions.) Today, …

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The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year.  Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

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