Regulatory Policy
The Whipsaw Effect
Get ready for a rough ride, with sudden weather reversals and climate shifts.
Steady predictable changes in climate and weather would be easier to adapt to. Instead, we may well see some very sudden shifts, both in terms of short-term weather and longer-term climate regimes.
CONTINUE READINGWhen does a groundwater recharge project NOT need a water right?
by Kate Fritz and Nell Green Nylen
Groundwater recharge projects already play an important role in California. That role is about to expand rapidly, as local groundwater managers begin to take more concrete actions to meet their responsibilities under California’s landmark Sustainable Groundwater Management Act (SGMA). As we mentioned in our last post, an important part of developing a successful recharge project …
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CONTINUE READINGElection 2020: Update on the Senate
Senate control will matter a lot, regardless of who’s in the White House.
Control of the Senate will determine the environmental views of new judges and whether any environmental legislation can pass. In August, I’ll start looking at the environmental stakes in specific Senate races. Here’s why Senate control is so important and where things stand right now. Basically, the question is whether Mitch McConnell retains his grip …
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CONTINUE READINGTrump Administration’s Court Challenge to California-Quebec Cap-and-Trade Agreement Again Rejected
U.S. District Court Rejects Feds’ Latest Constitutional Attack on California’s Climate Change Initiative
Three strikes and you’re out. That adage, particularly timely given Major League Baseball’s belated start of its 2020 season this week, is just as apt when it comes to litigation as it is to our nation’s pastime. For the second time in four months, U.S. District Court Judge William Shubb has rejected a constitutional challenge …
CONTINUE READINGThe Kudlow Inversion
Trump’s key advisor on the economy, the coronavirus, and regulation, with a gift for getting everything wrong.
“Only the best people,” Trump said. Let’s talk about his chief economic advisor, Larry Kudlow. Kudlow seems to live in an inverted, upside-down world. He somehow manages to be wrong about everything — wrong about the economy, wrong about deregulation, wrong about climate change, wrong about the coronavirus. A full sweep, in other words. It’s …
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CONTINUE READINGMembers of Congress Oppose Trump Administration’s Attempt to Revoke California’s Clean Car Standards
UCLA Law’s Frank G. Wells Environmental Law Clinic files a brief on behalf of 147 members of Congress in the D.C. Circuit
California has long led the fight against pollution from passenger vehicles, setting its first car emissions standards in 1966 before federal rules were established. After the Clean Air Act was passed in 1970, California retained authority to establish a series of more stringent vehicle emissions rules—with the most recent iteration of greenhouse gas emissions standards …
CONTINUE READINGDespite Trump
Climate action outside DC is far broader and deeper than when he took office.
Trump remains a grave threat to climate action and to the planet at large. But there actually has been significant progress on climate policy despite him. Not so much in DC, of course. But outside the Beltway, climate policy has widened and deepened. At the state level, there has been a barrage of climate activity. …
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CONTINUE READINGHappy Birthday, Chevron Doctrine!
The Chevron doctrine has been a keystone of administrative law. But now it’s under siege.
Thirty-six years ago today, the Supreme Court decided the Chevron case. The case gives leeway to agencies when their governing statutes are unclear or have gaps. It’s probably the most frequently cited Supreme Court opinion ever. But now the Chevron doctrine is under fire from conservatives, who used to be its strongest advocates. Here’s how …
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CONTINUE READINGEnvironmentalists v. Cost-Benefit Analysis: What Does the Future Hold?
For now, at least, environmentalists and economists are aligned in criticizing Trump’s rollbacks. Will this alliance last?
If it’s true that “the enemy of my enemy is my friend,” environmentalists might want to take another look at cost-benefit analysis. The Trump Administration is certainly doing its best to gut economic analysis of its rollbacks. Both economists and environmentalists are resisting. Is this an alliance of convenience or will it be the start …
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CONTINUE READINGDC 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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