Regulation

Spotlight on San Antonio

The role of transparency in municipal climate plans

Last week, San Antonio’s City Council approved its first-ever Climate Action and Adaptation Plan. This Plan’s main benefit is its ability to track and measure GHG emissions, while also signaling to City agencies, other municipalities, and the state that it is committed to climate mitigation and adaptation efforts. This is a big win for a …

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“If Present Trends Continue….”

To paraphrase Socrates, “the unexplained projection is not worth giving.”

You often see forecasts like this: “If present trends continue, electric vehicles will be X% of the auto fleet by 2035.”  But this doesn’t mean much without explanation: what “trends” and “continued” in what way?  The Energy Information Agency is a major culprit in that respect — they provide lots of projections but don’t unpack …

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EPA/Transportation Announcement of California Waiver Revocation is Full of Falsehoods and Irony

How Many Misstatements Can You Find?

This morning, the Environmental Protection Agency and Department of Transportation formally announced — as expected — that the Trump Administration is revoking California’s waiver to set its own vehicle standards. Yesterday, Trump tweeted the news, coupling it with falsehoods claiming that the rollback would save lives and save consumers money.  As I blogged yesterday, both …

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Trump’s Tweet about Yanking California’s Waiver is, Shockingly, Full of Falsehoods

The rollback will not make drivers safer and will not save consumers money

President Trump just sent out a series of tweets announcing and defending his decision to revoke California’s permission to issue its own tough standards to reduce carbon pollution and require manufacturers to sell Zero Emission Vehicles in the state.  Julia has a great analysis of why the decision is terrible policy and bad law that …

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Trump Announces Waiver Rollback on Twitter

Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible

This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019.  President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …

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Trump’s Spite War Against California and the Automakers Ramps Up

Threatening letter, investigation in addition to waiver revocation

Today in the Trump spite wars against California and the four auto manufacturers, we learn that the threat to revoke California’s waiver was only the first salvo from the administration.  As I blogged last night,  the Administration is considering revoking California’s federal waiver to issue pollution standards for cars without simultaneously rolling back tough auto …

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Sidestepping Regulatory Ossification

The regulatory process can take forever. Here are some possible responses.

Some years ago, Tom McGarity coined the phrase “regulatory ossification” to describe the increasingly slow and cumbersome regulatory system.  Since then, the situation has only gotten worse.  As a recent article by Bethany Davis Noll and Richard Revesz points out, significant regulations take an average of four years to issue, and judicial review adds another …

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Cost-Benefit Analysis and the Next President

If it’s Trump, we’ll see more of the same. But what if a Democrat wins?

Under executive orders dating back to Reagan, regulatory agencies like EPA are supposed to follow cost-benefit analysis in making decisions. Under the Trump Administration, however, cost-benefit analysis has barely even served as window-dressing for its deregulatory actions.  It has launched a series of efforts to prevent full counting of regulatory benefits, as well as committing …

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A Rule to Revoke California’s Waiver?

Why an action to revoke the waiver for California’s Advanced Clean Cars program could be the Administration’s worst move yet.

A couple of weeks ago, the New York Times reported that in the midst of growing “disarray” around the rollback of the Obama-era fuel economy and greenhouse gas tailpipe emissions standards, “Mr. Trump went so far as to propose scrapping his own rollback plan and keeping the Obama regulations, while still revoking California’s legal authority …

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Climate of Opinion

What do Americans think about climate change and environmental regulation?

Public opinion has been moving toward greater acceptance of the realities of climate change and the need for action.  According to an April report by the Pew Charitable Trust, over half of Americans think the environment should be a priority for the next President, and over forty percent say that for climate change.  Both figures …

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