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On environmental policy, 2016 is the year of living dangerously

Dan Farber, professor of law | January 12, 2016

We are at the start of a year of danger for environmental policy. 2015 saw many accomplishments in environmental law: the Administration issued the “waters of the United States” and Clean Power Plan regulations, a Supreme Court ruling in favor of EPA’s cross-state air pollution rule, and the Paris Agreement on climate change. Much of this progress is … Continue reading »

Is it unconstitutional for the President to implement major new policies by regulation?

Dan Farber, professor of law | February 3, 2014

The short answer is a resounding No. Some domestic initiatives obviously do require Congressional approval because they are clearly outside the authority conferred by existing law.  But Congress has given the executive branch broad discretion to regulate in many areas, and the executive branch can use that authority for major policy initiatives.  The only real restriction … Continue reading »

The quiet failure of climate denial in 2013

Dan Farber, professor of law | January 6, 2014

The latest IPCC report proves that scientists are unwavering in their view that human carbon emissions are causing dangerous climate change.  In the scientific world, climate denial has no traction.  It isn’t gaining traction in the judicial or congressional worlds either. First, the judiciary.  A three-judge panel of the D.C. Circuit, headed by a conservative … Continue reading »

Executive Order calls for climate adaptation

Holly Doremus, professor of law | November 5, 2013

On Nov. 1, President Obama issued an Executive Order intended “to prepare the Nation for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience.” In some respects, this order simply continues ongoing efforts. Under this administration, the executive branch has already been doing a great deal of research, assessment, and … Continue reading »

Ranking the presidents on the environment

Dan Farber, professor of law | February 8, 2012

Keith Poole has spent years devising measures of political ideology.  The late Phil Frickey and I used his scholarship in our work on public choice theory.  He has now produced similar information about Presidents, incorporated in the following chart: It would be useful to have a similar measure for environmental policy. The early part of … Continue reading »