Regulatory Policy
Unpacking the Senate Permitting Reform Bill: Disparate Treatment for Permits
Bill attempts to draw on discrimination law to address disparate treatment for permits, but provision has problems
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the disparate treatment permit provisions in Title IV. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water …
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CONTINUE READINGUnpacking the Senate Permitting Reform Bill: Permit Certainty
Permit certainty provisions are problematic and unclear in their scope
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the permit certainty provisions in Title IV. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water Act …
Continue reading “Unpacking the Senate Permitting Reform Bill: Permit Certainty”
CONTINUE READINGWhen and How to Oppose Fossil Fuels
The answer is clear: “It depends.”
There’s been a lot of talk about whether climate policy should focus on promoting clean energy or should push hard to limit fossil fuels. To some extent, these are two side of the same coin. Yet, the politics could be very different. The debate has been too simplistic. What stance to take about opposing fossil fuels depends on who you are and where you sit, which fossil fuel is involved, and what kind of regulation is at issue. The nuances matter here, and the stakes are huge.
CONTINUE READINGDeregulatory Theater of the Absurd
The new CAFE standards are a master class in pretending you’re implementing a law while totally sabotaging it.
The Department of Transportation (DOT) recently issued CAFE standards — fuel efficiency standards for new cars. Rolling back more rigorous standards from Biden, DOT applied considerable ingenuity to ensuring that fuel efficiency will stagnate for the foreseeable future. Like an Escher drawing, you have to step back from all the intricate details to appreciate just how weird the overall design is.
CONTINUE READINGGorsuch is (Partly) Right
Justice Gorsuch is wrong about the cure, but delegation has gotten out of hand.
Justice Gorsuch has made it a personal crusade to revive the nondelegation doctrine, in part because of concerns about the rising tide of presidential power. The nondelegation doctrine tries to limit the ability of Congress to delegate authority to the executive branch. That’s an unworkable solution, but Gorsuch is right that Congress has put far too much trust in the good faith and sound judgment of the President and his subordinates. That’s especially true of national security and emergency powers.
CONTINUE READINGWho Cares About Affordability and Gas Prices? Not DOT
The Trump administration’s new CAFE standards actually make cars LESS fuel efficient, defy Congressional intent, and increase air and climate pollution.
The Trump Administration today issued new fuel economy standards that require average fuel economy that will be LOWER by 2031 than what Congress mandated for 2020. While consumers are paying an average of $4.49 a gallon of gas, the Department of Transportation is setting standards that require only 34.9 miles per gallon (MPG) by 2031 …
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CONTINUE READINGBy Our Powers Combined, We Are Captain Planet
Facing climate disasters, the GCF Task Force is putting the network theory of governance into practice.
I don’t need to tell you that the last several months have seen an increasing number of climate-related disasters, including severe heatwaves throughout Europe and droughts that are impacting water supply and reducing ship passages through the Panama Canal. This year’s super El Niño has exacerbated the ongoing fires across Indonesian Borneo. It is projected …
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CONTINUE READINGMontana’s Human Experiment with Untested Drugs
The state has decided to allow experimental drugs to be used on anyone who can pay for them.
Montana has opened a channel for drugs to be sold without the normal requirements of testing for effectiveness and side effects.
CONTINUE READINGWhat Explains Trump’s Energy Policy?
There’s no plausible economic explanation. It’s all about politics.
Trump’s energy policy rests on promotion of U.S. fossil fuel production and use. The instruments include orders forcing coal-fired generators to keep operating, relaxed air pollution standards for power plants, and repeal of as many energy efficiency standards as possible. Trump’s overall economic policy centers on mercantilism, the belief that countries get rich by exporting more than they import. That fits pieces of his energy policy but not others. There’s also some rhetoric about free choice by consumers, but Trump clearly is not a believer in free markets as a matter of principle.
CONTINUE READINGUCLA Law Clinic Files Brief Supporting DC’s Clean Buildings Act in DC Circuit
Energy law experts explain local governments’ longstanding primary authority over local gas distribution and use.
Last Friday, UCLA’s Frank G. Wells Environmental Law Clinic filed a DC Circuit brief in support of the District of Columbia’s Clean Buildings Act on behalf of 11 leading energy and environmental law professors: UCLA’s own William Boyd, Lincoln Davies at the University of Utah, Dan Farber and Sharon Jacobs at UC Berkeley, Alexandra Klass …
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