Regulation
The Dangers of the New Executive Order on “Reducing Regulation”
The Order is Designed to Prevent Federal Agencies from Protecting Health, Safety, and the Environment
Dan Farber just posted an insightful, brief analysis of the executive order “Reducing Regulation and Controlling Regulatory Costs” that was issued this morning. As Dan notes, the order is absurd and arbitrary – but more than that, it’s extraordinary in its potential for doing harm to our country and its residents. It is meant to kneecap …
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CONTINUE READINGCalifornia Appellate Court Hears Arguments in Cap-and-Trade Program Challenge
Court of Appeal Justices Appear Inclined to Reject Industry’s Constitutional Attack on State’s Cap-and-Trade Auction System
On Tuesday, the California Court of Appeal in Sacramento heard oral arguments in the most formidable legal challenge to the State of California’s ambitious, multifaceted efforts to reduce greenhouse gas emissions. That challenge takes the form of two cases, consolidated on appeal: California Chamber of Commerce v. California Air Resources Board and Morning Star Packing v. California Air …
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CONTINUE READINGThe Perils of Inexperience
The Scott Pruitts of the Trump cabinet face some tricky challenges.
There’s even a name for it in sports: “rookie error.” That’s the kind of mistake that talented players make when they’ve been bumped up into the big time.The big issue for appointees like Pruitt is to avoid that kind of mistake — and in the meantime, to accomplish their agendas. By all accounts, Scott Pruitt …
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CONTINUE READINGThe Ninth Circuit’s Top Environmental Law Decisions of 2016
Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket
In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law. That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …
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CONTINUE READINGUpdate on the Litigation Over EPA’s Rule Controlling Greenhouse Gas Emissions from New Power Plants
UCLA Faculty File Amicus Brief on Behalf of Technological Innovation Experts
Late in 2015, the Environmental Protection Agency issued New Source Performance Standards to control greenhouse gas emissions from new and modified fossil-fuel-fired power plants under the Clean Air Act. This regulation is a companion to the more-often-discussed Clean Power Plan rule, which addresses greenhouse gas emissions from existing sources in the power generation sector. Last …
CONTINUE READINGWill Deregulation Grow the Economy?
The Trump plan of deregulation and tax cuts has been tried. It didn’t work.
President-elect Trump has promised to unleash economic growth by cutting taxes and regulation. In terms of regulations, he has said: “One of the keys to unlocking growth is scaling-back years of disastrous regulations unilaterally imposed by our out-of-control bureaucracy. “Regulations have grown into a massive, job-killing industry – and the regulation industry is one business …
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CONTINUE READINGRevised SLCP Strategy Demonstrates the Impact of SB 1383
Many in the environmental community, myself included, heralded the passage of SB 1383 in the California legislature. This bill is the first state law to target short-lived climate pollutants (SLCPs), and it codified the reduction goals that ARB had adopted as part of its general GHG reduction agenda. This is not a trivial accomplishment – …
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CONTINUE READINGTrump’s Public Statements Aren’t Relevant in Assessing His Likely Climate Policy
The Media Need to Take Trump’s Advisors, and Their Policy Proposals, More Seriously Than They Take Trump’s Off-the-Cuff Comments
The media need to get their act together when they report and editorialize about President-elect Donald Trump’s public statements. Chief among many failures in reporting on the campaign was the tendency of major newspapers and television outlets to focus on candidates’ rhetoric, symbolism, and character, to the virtual exclusion of governance and policy. This contributed …
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CONTINUE READINGSomething Else to Be Thankful For — Inertia!
Meet your new best friend: gridlock, litigation delays, and red tape.
Inertia isn’t something we think about very often. Still less often is it something we feel grateful for. But it’s what prevents us from being tossed around by every passing wind. At this precise moment, that’s something we should hold precious. It’s ironic that environmentalists should now be grateful for all the features that hold …
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CONTINUE READINGEnvironmental Law under Trump: A Threat Assessment
Environmental law may face attack on many fronts during the Trump Administration. As we were all forcefully reminded last week, predictions are always uncertain. Trump’s own intentions are not yet clear, and there are many permutations that could affect the end result. Rather than trying to predict exactly what will or won’t happen, it may …
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