Regulatory Policy
A Stealth Attack on Public Health
No, this isn’t about the health care bill.
The Trump Administration has embarked on a campaign of postponing pollution regulations that protect the public health. Even if these are only temporary delays, rather than steps toward permanently weakening health protections, the delays are not innocuous. To put it as bluntly as possible, Americans will die as a result of these delays. For instance, …
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CONTINUE READINGAfter Trump
Some day the Trump/Ryan/Pruitt era will end. We need to be ready to move forward.
Fighting the Trump/Ryan/Pruitt assault on environmental protection necessarily absorbs a huge amount of our energy. But eventually, the current conservative stranglehold on the national government will come to an end. Sooner or later, the government will once again come into more environmentally friendly hands. When that happens, we need to have practical, detailed proposals ready …
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CONTINUE READINGThe Truth About Environmental Originalism
Scott Pruitt advocates environmental originalism. It means the direct opposite of what he thinks.
Scott Pruitt has taken to talking about environmental originalism – going back to the original intent of our environmental laws. But he’s got the original intent completely backwards. The statutes weren’t intended to protect jobs or grow the economy. They were intended to protect the environment, with cost at best a secondary consideration. This is exactly …
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CONTINUE READINGCalifornia Members of Congress Seek to Eviscerate State Water & Environmental Laws
H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes
Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month. And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it …
CONTINUE READINGTrump’s Radical Anti-Environmentalism
Trump’s target isn’t just Obama. His rejection of environmental protection goes much deeper.
We often hear about the Trump Administrations’s plans to “roll back Obama’s regulations.” But the Administration’s goals go much deeper. Hyperbole is always a risk when discussing opposing policy views, but to call this Administration a profound threat to environmental regulation is only to echo their own words. When he announced the executive order directing EPA to …
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CONTINUE READINGUCLA Law Conference Webcast Today: State Climate Policy in the Trump Era
Symposium Features Sessions on California, Federal, and Multistate Greenhouse Gas Reduction Policy
UCLA Law’s Emmett Institute on Climate Change and the Environment is hosting a full day event today on the timely topic of State Climate Policy in the Trump Era on Monday, May 22, 2017. There will be a live webcast for those who cannot join the event in person. Full details are linked here. And here’s …
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CONTINUE READINGWhither the Social Cost of Carbon?
Trump rescinded the Obama Administration’s estimate. Now what?
Republicans vehemently attacked the Obama Administration’s estimate of the social cost of carbon. Trump withdrew that estimate and directed individual federal agencies to do their own estimates. The agencies will now be faced with a number of problems, and it’s not clear that they are well positioned to deal with them. They might prefer to …
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CONTINUE READINGGuest Bloggers Michael Wara and Danny Cullenward: Understanding SB 775: A Realistic Path to Achieving California’s Climate Goals
SB 775 Provides a Strong Carbon Pricing Policy and Addresses Legal and Political Constraints
Two recent Legal Planet contributors have shared concerns about SB 775 over the last several days (Ann Carlson’s piece is here and Dallas Burtraw’s is here). We write here to provide context—economic, legal, and political—to help readers, and perhaps even these respected authors, better understand why the bill proposes to extend and evolve California’s approach …
CONTINUE READINGGuest Bloggers Amy Vanderwarker and Kay Cuajunco: Equity at the Center: SB 775 and AB 378 Create New Path Towards More Equitable, Effective Climate Policy
By Prioritizing Equity, We Fight Climate Change, Improve Local Air Quality and Public Health, and Deliver Economic Benefits
California is at a crossroads in our strategy to fight climate change. With the current form of cap and trade due to end in 2020, our state is deciding to what extent carbon pricing will play a role in meeting the 2030 targets enacted in 2016, and if so, what the program will look like. …
CONTINUE READINGGuest Blogger Dallas Burtraw: Three Revisions Not to Overlook in California’s New Cap-and-Trade Proposal, SB 775
The Proposal Would Eliminate Allowance Banking and Offsets, and Add a Border Adjustment Mechanism
The California cap-and trade-program is already the most rigorous and best-designed allowance market in the world. Its purpose is to reduce greenhouse gas emissions that contribute to climate change. But now the program requires adjustments for political and legal reasons. These adjustments will be a vitally important legislative decision – for the state and the …
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