Regulatory Policy
Should a New Congress Use a Deeply Flawed Law to Cancel Trump’s Regulations?
The Congressional Review Act was Newt Gingrich’s brainchild. It should be repealed.
The Congressional Review Act (CRA), part of Newt Gingrich’s “Contract With America”, slumbered for many years in obscurity. Then, in 2017, Congress dusted it off and used it to kill fifteen Obama administration regulations. I’m not the first to ask whether there should be payback if the White House and Senate change hands. There are …
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CONTINUE READINGThe Kavanaugh Court and the Environment
A new appointment would make Justice Kavanaugh the swing voter. Here’s what that would mean for environmental law.
A new appointment by Trump would shift the Supreme Court well to the right, making Brett Kavanaugh the swing voter in many cases. Kavanaugh has clear views about the powers of agencies like EPA. With him as the swing voter, the main strategy used by Obama to make environmental progress would be off limits for …
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CONTINUE READINGRebuilding Environmental Protection
It will take years to fully recover from the damage of the Trump era. We will need some new ideas.
After almost four years of Trump, federal environmental protection is in about the same shape as Western Europe at the end of World War II, filled with bomb craters and destruction. If the election turns out in Biden’s favor, he will be faced with the task of rebuilding from the smoking ruins. Here are some …
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CONTINUE READINGGene Drives, Biodiversity Conservation, International Law, and Emerging Politics
My latest article is published by Global Environmental Politics
A set of new biotechnologies are being developed that will force many of us, especially those concerned about biodiversity loss, to re-examine how we understand the relationship between biotechnology and conservation. These are “gene drives,” which would be used to genetically modify, reduce, or eliminate populations of species. My paper “Governing New Biotechnologies for Biodiversity …
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CONTINUE READINGEnforcing NEPA’s Forgotten Mandate
The courts have failed to enforce a core requirement of NEPA. That leaves the White House.
The Democrats have adopted an ambitious platform for environmental protection, full of innovative legislative initiatives. Here’s another idea Biden and Harris should consider, making use of the oldest of the modern environmental statutes. The National Environmental Policy Act (NEPA) is best known for requiring environmental impact statements. While they have enforced that requirement, the courts …
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CONTINUE READINGThe 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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