Regulatory Policy
Emmett Institute Publishes Issue Brief on California’s Clean Air Act Vehicle Authority
Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein
Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also …
CONTINUE READINGTo Dream the Impossible Dream
What are the pros and cons of yesterday’s proposal for a Green New Deal?
The Green New Deal proposal introduced by Representative Alexandria Ocasio-Cortez and Senator Ed Markey is a call for drastic action to address climate change. Specifically, section 1(A) says that “it is the duty of the Federal Government to create a Green New Deal . . . to achieve net-zero greenhouse gas emissions through a fair …
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CONTINUE READINGFlipping the Conservative Agenda
Thought experiment: take everything conservative want to do and then do the opposite.
Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas. In other words, let’s try to come up with similar …
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CONTINUE READINGAfter Trump
Suppose we get a pro-climate-action unified government. What then?
Someday, the stars will surely come into alignment and Congress will be able to pass climate legislation. A national cap-and-trade scheme or a carbon tax would be definite possibilities. But let’s suppose they aren’t politically feasible, maybe because of opposition from progressive on equity grounds, or maybe because for some reason the public rejects them. …
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CONTINUE READINGCommemorating a Major Environmental Disaster–One With a Transformative Legacy
1969 Santa Barbara Oil Spill Sparked the Beginning of America’s Modern Environmental Era
This week marks the 50th anniversary of one of the most serious and consequential environmental disasters in American history–the Santa Barbara offshore oil spill of 1969. On January 28, 1969, an offshore oil rig (Platform A) owned and operated by the Union Oil Company and operating in federally-controlled waters in the Santa Barbara Channel off …
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CONTINUE READINGClimate policy and horcruxes
What Harry Potter might have to teach us about making climate policy more resilient to political shifts
As the most recent report from the Intergovernmental Panel on Climate Change makes clear, the negative impacts of climate change are now upon us, and we have a very limited amount of time to decarbonize global economies in order to reduce the risk of catastrophic impacts from climate change, impacts that might begin as soon …
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CONTINUE READINGEPA’s Return to Bush-Era Clean Air Act Reforms Sacrifices Agency’s Duty to Protect Environment, Ignores the Law
Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment
As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset …
CONTINUE READINGThe Worst of a Bad Lot
They’re all bad, but this regulatory rollback effort stands out for sheer incompetence.
The Trump Administration has many energy and environmental initiatives, none of them good. But in terms of shoddy analysis and tenuous evidence, the worst is the Administration’s attempt to freeze fuel efficiency standards. For sheer lack of professionalism, the Administration’s cost-benefit analysis is hard to match. And you can’t even say that the Administration is …
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CONTINUE READINGGuest Blogger Justin Pidot: Interior Proposes New FOIA Rule that Inhibits Government Transparency
The Freedom of Information Act (FOIA) guarantees public access to the records of federal agencies. It embodies the view that government works best when it works in the open. On the Friday between Christmas and New Year’s Eve, the Department of the Interior quietly published a proposed regulation that will make it harder for the …
CONTINUE READINGRegulatory Review in Anti-Regulatory Times: Congress
Congress overturned a host of regs at the start of the Trump Administration. Looks more like a random walk than a systematic effort.
In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the second of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of …
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