Regulatory Policy
“States’ Rights” and Environmental Law: California on the Front Lines
EPA’s Assault on Air Quality Protection Will Aim at California’s Standards, While Other States Have Given Up Their Authority to Protect Public Health and the Environment More Strictly
This article just published in the Atlantic explains well one of the many ways that EPA Administrator Scott Pruitt may attempt to deeply harm our environment for decades to come: through declining to grant, or revoking, the waivers that allow California to regulate air pollution from new motor vehicle engines more strictly than the federal government does. …
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CONTINUE READINGTrump’s Budget Cuts: Even Worse Than You Thought
As you dive into the details, things keep looking worse.
Trump is proposing huge cuts to EPA and other agencies. That’s bad enough. We’re beginning to learn more details, and the message is grim. While these cuts may not emerge from Congress at the end of the day, they do express the Administration’s goals. In particular, they demonstrate that the Administration is deeply hostile to environmental science and …
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CONTINUE READING2050: The Challenges Ahead
How will we cope with a huge population increase and climate change?
Let’s look past today’s political travails and think longer-range. What will things look like in 2050? There are more details below, but here’s the general picture. World population will probably grow by 2.5 billion people between now and 2050, with about half of the increase in Africa. Given historically weak economic growth in those areas …
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CONTINUE READINGThe End of the Cost-Benefit State?
Trump is targeting regulations for elimination even if their benefits exceed their costs.
Some scholars have proclaimed a vision of the regulatory state centering on cost-benefit analysis (CBA). They mean that quantitive comparisons of costs and benefits is now the foundation of regulatory decisions, arguably blessed by the Supreme Court in one of Scalia’s last opinions. Environmentalists weren’t convinced this was a good idea. Neither, as it turns out, is Donald Trump. He doesn’t seem …
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CONTINUE READINGConservatives as Environmentalists
Environmentalism isn’t an aberration in conservatives. It has deep roots going back to the 1960s.
Scott Pruitt’s appointment as head of EPA illustrates how conservatism has become synonymous with anti-environmentalism. But that’s really a drastic oversimplification, as I explain in a new paper about the history of conservative environmentalism. There were moments of strong environmentalism in the earlier days of the conservative movement. When he was running for mayor of New York City, William …
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CONTINUE READINGA Yawning Credibility Gap
Courts are supposed to defer to agencies. But that happens less often when an agency lacks credibility.
Two themes in the Trump Administration are distrust of experts and a willingness to overrule them on ideological grounds. But undermining the government’s claims to expertise may come back to haunt the Administration. Because Trump is marginalizing government scientific and economic expertise, his regulatory initiatives may get less deference from the courts. There is already a great deal of concern …
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CONTINUE READINGTrump’s Environmental Assault Begins
Clean Power Plan, Waters of the U.S. Rules First on the Chopping Block But What Remains in Place Varies Dramatically
The Washington Post is reporting that the Trump Administration will very shortly roll out two executive orders to curtail environmental protection. These rollbacks follow on the heels of the Senate’s confirmation of Scott Pruitt, who has made no secret of his antipathy for federal environmental regulations. The first executive order, as widely expected, will tell the …
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CONTINUE READINGIs Texas Cleaning Up Its Act?
Carbon emissions are set in decline in Texas, with less coal and more renewables.
At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, BUT this might not matter because “arguably, you’re seeing market-based decarbonization” due to technological changes. Case in point: Texas. Market trends are pushing Republican-stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all …
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CONTINUE READINGUsing Scalia Against Trump
An anti-environmental opinion by Scalia could provide ammunition against Trump.
As environmentalists search for weapons to use against the Trump Administration, one place to turn could be an important opinion by Justice Scalia – one that many of us criticized sharply at the time. The case in question, Michigan v. EPA, involved mercury emissions from power plants, in which the Supreme Court instructed EPA to consider regulatory …
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CONTINUE READINGA Coalition of the Willing
States need to work together to make progress happen in the age of Trump.
In the short time since the election, it’s already become a truism that state governments will have to keep the flame alive for environmental protection. But it’s not just individual state governments. It’s also crucial for states to work together. There’s been a lot of loose talk about “Calexit” out here. Secession is unconstitutional. (As …
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