Regulatory Policy
Why a Bird in the Hand is Worth Two in the Bush — Especially When the Issue is Climate Change
Climate action is too urgent to insist on waiting for perfect solutions
It’s an ancient dispute: Should we compromise on half-measures, or hold out until we can get something a lot better? Idealists argue for holding out. Pragmatist argue that half a loaf is better than none. Rather than rehearse familiar arguments, I want to focus specifically on climate change. In my view, holding out for ideal …
CONTINUE READINGFlorida Governor DeSantis’ Head-In-The-Sand Climate Change Policies
New Florida Law Strikes Term “Climate Change” From State Laws, Promotes Fossil Fuels & Rejects Renewable Energy Projects
Florida Governor Ron DeSantis, in coordination with an equally myopic and partisan Florida Legislature, has approved new state legislation (HB 1645) that eliminates the term “climate change” from numerous existing Florida statutes that former Republican Governor Charlie Crist signed into law in 2008. The legislation, which takes effect on July 1st, is not just symbolic: …
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CONTINUE READINGJudicial Deference to Agencies: A Timeline
Decisions about judicial deference to agencies on legal issues didn’t begin or end with Chevron.
The Supreme Court is about to make a major decision about the balance of power between courts and agencies like EPA. Here’s what you need to know about the history if the issue to understand what’s going today.
CONTINUE READINGWhy the New Climate Reg for Coal is a Perfectly Normal EPA Rule
EPA’s approach isn’t a novel innovation. It’s just EPA applying its usual approach.
The problem isn’t that EPA’s new climate regulation for power plants will crush the coal-fired generation industry. It’s that much of the industry is so economically weak it can’t survive any kind of regulation.
CONTINUE READINGFilling in the Picture: The Latest From Kennedy about Climate
Here’s what Kennedy says about his campaign, its effect on the race, and climate change.
Some of RFK Jr.’s views about climate change may be what you expected. Others may surprise you, like his embrace of natural gas as a fuel and his reservations about regulating emissions.
CONTINUE READINGFive Myths and Half-Truths About California Cap and Trade
California has spent years fine-tuning its trading system, with results that aren’t always easy to gauge.
A key part of California’s climate policy has always been its cap and trade system. Because the regulations aren’t very transparent, there have been a lot of misconceptions about the system. I’ve been digging into the rules, the explanatory website set up by the California Air Resources Board (CARB), and secondary sources to try to …
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CONTINUE READINGU.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation
California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court
On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question. Instead, the …
CONTINUE READINGChevron Gets the Headlines, But State Farm May Be More Important
The abortion pill case could undermine the authority of agency’s expert judgments.
The Chevron doctrine requires judges to defer to an agency’s interpretation of a statute if that interpretation is reasonable. The State Farm case, which is much less widely known, requires courts to defer to an agency’s expert judgment unless its reasoning has ignored contrary evidence or has a logical hole. As you probably already know, …
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CONTINUE READINGRecentering Environmental Law: A Thought Experiment
If we had understood then what we know now. . . .
In 1965, scientists sent LBJ a memo mentioning the risks of climate change. Imagine if history had been a little different. Suppose it had been this memo and a follow-up report, rather than Rachel Carson’s attack on pesticides, that sparked the environmental movement. How would environmental law look different and how might we be thinking about …
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CONTINUE READINGThe New Particulate Standard and the Courts
The tough new air quality standard is sure to be challenged in court. Winning the challenges will be tougher.
EPA has just issued a rule tightening the air quality standard for PM2.5 — the tiny particles most dangerous to health — from an annual average of 12 μg/m³ (micrograms per cubic meter) down to 9 μg/m³. EPA estimates that, by the time the rule goes into effect in 2032, it will avoid 4500 premature …
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