Regulatory Policy
Do Epidemic-Based Business Closures by Government Trigger an Unconstitutional “Taking”?
Longstanding U.S. Supreme Court Precedents Indicate the Answer is an Unequivocal “No”
Lately, an increasing number of public and private voices have been raised in opposition to business closures ordered by state and local governments in response to the COVID-19 epidemic. In many such cases, that opposition has taken the form of lawsuits filed by business owners, claiming a violation of their constitutional rights. Gun shops across …
CONTINUE READINGThe Deregulator’s Dictionary
Members of the Trump Administration speak their own, very special language.
“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.” The Trump Administration’s …
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CONTINUE READINGHow to Jump Start the Economy? Regulate
Smart Regulation Can Overcome The “Paradox of Thrift”
Once we begin to dig ourselves out from the COVID-19 pandemic, we will need to think seriously about how the rebuild the economy. And that should scare environmentalists. Expect a whole series of pushes from the usual suspects about we “can’t afford” environmental protection when the nation is in depression. That is precisely wrong. Suppose …
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CONTINUE READINGCoastal Beaches, Public Access & the Pandemic
Important Legal & Policy Considerations in Closing Beaches to Protect Public Health
As part of America’s steadily growing restiveness over state and local shelter-in-place directives, the issue of government-mandated public beach closures has recently emerged as a particularly contentious issue. It’s especially prominent now, given that many coastal states are experiencing their first heat waves of 2020. Many Americans are increasingly weary of and angry over public …
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CONTINUE READINGConservatives versus Lockdowns
Conservatives versus Lockdowns
Spurred on by conservative groups, protesters are demanding that their states go back to business as usual. This sentiment isn’t limited to the kinds of hotheads who insist on congregating in public during an epidemic, or even to conservatives like Betsy DeVos who help to fund these groups and promote their protests. It also includes …
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CONTINUE READINGRoadmap For California To Phase Out Oil & Gas Production
New CLEE report released today with legal options for state policy makers & free May 12th webinar
California is the seventh-largest oil producing state in the country, with a fossil fuel industry that is responsible for billions of dollars in state and local revenue and other economic activity each year. Yet continued oil and gas production contrasts with the state’s aggressive climate mitigation policies, while creating significant air and water pollution, particularly …
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CONTINUE READINGHere Today, Gone to Maui
U.S. Supreme Court Issues Environment-Friendly Ruling in Major Clean Water Act Case
This week the U.S. Supreme Court issued its decision in the Court’s most important environmental law case of the current Term: County of Maui v. Hawaii Wildlife Fund. In a somewhat surprising ruling, the justices rejected both sides’ argument over the scope of government authority to regulate water pollution discharges under the federal Clean Water …
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CONTINUE READINGWhat Can We Learn from Modeling a Pandemic?
Individual-based modeling offers untapped opportunities for policymakers and researchers
With the emergence of the corona virus, modeling – the science of representing processes and systems for purpose of analysis—has been at the center of debate how to respond to this public health crisis. Experts and non-experts alike follow the latest modeling predictions, and federal and state public health policies are grounded, at least in …
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CONTINUE READINGJust a Bit More on Earth Day(s) Past and Present
Kudos to the New York Times for Its Stellar Earth Day Coverage–Today & 50 Years Ago
This week, several of my Legal Planet colleagues and I have been posting and musing about Earth Days past, present and future. As I write this, Earth Day 50 is winding down after a multitude of (largely online) demonstrations and celebrations across the globe. One long-term, disturbing development over the past couple of decades has …
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CONTINUE READINGLos Angeles Air Quality in the Time of Covid-19
Headlines from across the world have trumpeted one of the few benefits of the Covid-19 shutdown: cleaner air quality. Los Angeles has starred in those headlines, with many reporters calling attention to the fact that the region had some of the cleanest air in the world during a period in April. EPA data also confirm …
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