Regulation

A New Report on Governing Climate Geoengineering

I suggest steps toward global governance of carbon dioxide removal and solar geoengineering

A new report on the governance of climate geoengineering — that is, carbon dioxide removal (CDR) and solar geoengineering (or solar radiation modification, SRM) — has been released. International Governance Issues on Climate Engineering: Information for Policymakers was coordinated and issued by the International Risk Governance Center, edited by IRGC’s Marie-Valentine Florin, and commissioned by the …

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DC Circuit Restricts “Housekeeping” Regulations

The Trump Administration likes to justify policy initiatives based on vague grants of authority. That’s just become harder.

Earlier today, the D.C. Circuit Court of Appeals decided two cases that add to the legal difficulties the Trump EPA will face in court.  The difficulties relate to two proposed EPA rules that attempt to hamstring  future efforts to impose tighter restrictions on pollution. Both EPA rules rely on vague, general grants of rule-making authority …

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NEPA, emergencies and executive power

Once more we need to ask, can Trump do what he claims to be doing?

Late Thursday, the White House issued another in a seemingly endless series of administrative orders. Under the typically overblown title “EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” it was touted by the President’s team as a way to speed infrastructure permitting and another step …

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Failures of the Heart

Does anyone in the Administration actually care about police killings? Or public health? Or future generations?

“I REALLY DON’T CARE DO U?” That slogan embodies much about the Trump Administration. That includes Trump’s response to the death of George Floyd and the ensuing demonstrations. But it includes much else. Including police killings and the coronavirus. “I REALLY DON’T CARE DO U?” is emblazoned on a jacket of Melania Trump’s. She wore …

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100 Law Professors Urge EPA to Withdraw Revamped “Transparency in Science” Rule

EPA Science

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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Coastal Beaches, Public Access & the Pandemic

Important Legal & Policy Considerations in Closing Beaches to Protect Public Health

As part of America’s steadily growing restiveness over state and local shelter-in-place directives, the issue of government-mandated public beach closures has recently emerged as a particularly contentious issue.  It’s especially prominent now, given that many coastal states are experiencing their first heat waves of 2020. Many Americans are increasingly weary of and angry over public …

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Here Today, Gone to Maui

U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case

This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund.  In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …

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What Can We Learn from Modeling a Pandemic?

Individual-based modeling offers untapped opportunities for policymakers and researchers

With the emergence of the corona virus, modeling – the science of representing processes and systems for purpose of analysis—has been at the center of debate how to respond to this public health crisis. Experts and non-experts alike follow the latest modeling predictions, and federal and state public health policies are grounded, at least in …

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Trump’s EPA May Cause as Many U.S. Deaths as the Coronavirus

The effects are more gradual, but deregulation could be as deadly as the pandemic.

The Trump Administration has been busy repealing pollution laws that protect public health.  The health impact of these rollbacks isn’t as dramatic as an epidemic.  There’s a credible argument, however, that it will be just as deadly. In order to put some numbers on the effects of deregulation, we need to make some assumptions on …

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Still Not SAFE

The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.

After months of delay, the Trump administration has reportedly chosen this coming week—in the middle of a nationwide crisis due to the COVID-19 pandemic—to finally release the second part of its two-part rollback of Obama-era automotive fuel economy standards.  This isn’t the only environmental rollback action the administration is planning to take during the coming …

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