I’ve written about debates over permitting reform and other versions of regulatory streamlining to support the development of infrastructure that we need to address climate change.  Another view, well articulated by Nicholas Bagley at University of Michigan, is that the problem is more fundamental: Excessive focus on governmental procedures and process, reinforced by searching judicial ..read more

This is the third in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles.  The first post is here.  The second post is here. Another possible implication of applying ..read more

This is the second in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles.  The first post is here. The basic legal question at the heart of the dispute ..read more

Disease control, like many other traditional government activities, has been under a MAGA-driven onslaught. Indeed, we cannot rule out the risk that rather than helping, the government will try to block the use of lifesaving vaccines ..read more

The Congressional Review Act (CRA) provides a tool for majorities in the House and Senate, along with the President, to overturn a recently promulgated agency regulation, and to legislatively prohibit promulgation of a “substantially the same” regulation in the future.  By its nature – since it requires Presidential approval of the relevant joint Congressional resolution ..read more

Today in the Department of FFS. The Wall Street Journal breathlessly reports, Trump Wants to Build Homes on Federal Land. Here’s What That Would Look Like. And then, not content with a series of graphics about where this housing could be, it also put out a big op-ed from Interior Secretary Doug Burgum and HUD ..read more

The state legislature continues its efforts to facilitate more housing production in California.  Among the most significant bills being considered this session in Sacramento is SB 607, which would provide some substantial changes to how environmental review under the California Environmental Quality Act (CEQA) would operate.  Overall, this is a bill that would provide important ..read more

The Trump Administration seemingly views scientific research as a threat.  The result has been a wave of censorship and a general effort to undermine the scientific enterprise. This article compiles examples of anti-science actions ..read more

In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare.  Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider that finding.  Few independent observers believe EPA will succeed, but the issue is important enough to warrant a close look. Here's a deep dive ..read more

Only 13 of the 195 signatory countries to the Paris Agreement submitted new national plans for tackling climate change by the recent deadline. Meanwhile President Trump has begun the process of the U.S. withdrawing from that agreement — again. This US withdrawal from global leadership is a perfect time to refocus attention and support at ..read more