It didn’t get much attention, but Justice Thomas’s dissent two weeks ago in the Amtrak case was extraordinarily radical, even for him. The case involved a relatively obscure issue about the legal status of Amtrak. Justice Thomas used the occasion for a frontal attack on administrative law, including most of … More >
In most ways, 2014 was a good year for environmental protection, with progress on several fronts. True, there are warning signs for 2015 — primarily the Republican sweep of the mid-terms and the Supreme Court’s puzzling decision to review toxics regulations for coal-fired power plants. And of course, there were … More >
With the historical release of the Environmental Protection Agency’s new carbon emissions policy, I took an extra day to comb through and digest the news. I have organized my intermediate microeconomics class around something called the “Yoga Theorem.” This almost universal truth states that the less flexible you are, the more … More >
There has (rightly) been a lot of attention paid to the Environmental Protection Agency’s proposed rule controlling greenhouse gas emissions from power plants pursuant to Clean Air Act, Section 111(d). All of that analysis — how effective the rule will be, how it will be implemented, the prospects for successful … More >
Republicans have won a largely symbolic victory for an obsolete technology. Among the sleeper provisions of the new budget deal is a ban on enforcing federal lightbulb standards. This is a great example of symbolic politics — it makes Tea Party Republicans happy, has limited practical effect, and makes little policy … More >
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, … More >
Like the European Union – which today (Dec. 1) boldly begins a two-year ban on selected pesticides thought to be harmful to honeybees and other pollinators – the United States should help protect pollinators by banning these pesticides. But the United States should do far more, and become a world … More >
As predicted by Cara Horowitz recently, it’s being widely reported (for example here) this morning (March 4) that Gina McCarthy, currently EPA’s Assistant Administrator for the Office of Air and Radiation, is Obama’s pick to succeed Lisa Jackson as EPA Administrator.
Cara sees this appointment as a good thing for EPA’s … More >
Bashing EPA is apparently a good political tactic, at least if you’re in a red state, but it’s also a smokescreen — what is presented as an attack on the agency is actually an attack on the mission assigned by Congress. In terms of carrying out the mission, EPA is … More >