Regulatory Policy
Guess What? It’s THAT Time of Year.
Yes, it’s fundraising season. And yes, we’re asking you to help out.
Yes, it’s fundraising season. And yes, we’re asking for your help on this Giving Tuesday — not for our own sakes, but because we think the work we’re trying to do on climate change and other issues is important. Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we hardly ever do …
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CONTINUE READINGDoes the New National Climate Assessment Hurt the Trump Administration in Court?
The Report Could Affect a Number of Cases
The newly released Fourth National Climate Assessment is a bombshell. It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report’s political and public impact by dropping it on Black …
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CONTINUE READINGThe Rise of Benefit-Blind Analysis
The Trump Administration cares about regulatory costs. Regulatory benefits? Not so much.
Since Ronald Reagan’s time, there has been a consensus among conservatives that cost-benefit analysis (CBA) should be the gold standard for regulation. That approach has given them common ground with moderates such as Cass Sunstein, many economists (whether liberal or conservative), and at least a few scholars more environmentally inclined. Cost-benefit analysis has had its …
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CONTINUE READINGThen and Now
How has environmental law changed in the last 38 years? A lot … and not that much.
I recently happened to remember a funny incident from 1980. The first edition of what was then the Findley & Farber casebook went to the publisher in October of 1980. I remember vividly encountering a colleague in the hallway who asked cheerily if the book had gone to the printer. When I said yes, he …
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CONTINUE READINGGuest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are
Facts About California’s Oil and Greenhouse Gas Emissions
Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …
CONTINUE READINGAn Ax, Not a Scalpel
Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.
Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …
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CONTINUE READINGDo Androids Dream of Endangered Sheep?
Imagine there were self-aware AIs. Would they care about the environment?
With the election behind us, I thought it might be a good time to take a step back and do some musing about less impending issues. Unlike most of my posts, this one is more on the speculative side. The title of this post is a riff on Do Androids Dream of Electric Sheep?, a novel by …
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CONTINUE READINGThe 2018 Elections: What’s the Upshot?
Overall, some very positive developments in terms of energy and environmental policy.
What happened on Tuesday? And what does it mean for the environment>? Going into Tuesday’s voting, there were three possible scenarios about the outcome: The Least Favorable Scenario for Environmental Regulation. In this scenario, the Republicans would hang on to control of the House by a smaller margin than today, and they gain several seats …
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CONTINUE READINGMajor Policy Attacks on California’s Low Carbon Fuel Standard and Why They’re Off-Target
Second in a Series About California’s Low Carbon Fuel Standard Program
[Post co-authored by Ted Parson and Sean Hecht] In this post, we continue our discussion of California’s Low-Carbon Fuel Standard (LCFS), which we introduced in our post on October 4, 2018. Because it’s a prominent and ambitious policy that will reduce California’s reliance on petroleum-based transport fuels, it is unsurprising the Low-Carbon Fuel Standard has …
CONTINUE READINGElection Scenarios
Here are three ways things could play out from now to 2020.
We should know within the next 48 hours who will control the House and Senate, though if races are very tight it might take longer. I don’t want to make election predictions — that’s Nate Silver’s job, not mine. But I do want to sketch out some scenarios for the next two years, depending on …
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