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Allison Stevens, David Driesen, James Goodwin, Sidney A. Shapiro, Thomas McGarity | November 21, 2022
We asked several of our Member Scholars how the midterm election outcomes will affect policy going forward in our three priority policy areas. Today’s post covers the implications for regulations.
Allison Stevens, Dave Owen, Michael C. Duff, Noah Sachs | November 18, 2022
We asked several of our Member Scholars how the election outcomes will affect policy going forward in our three priority policy areas. Today’s post covers the implications for public protections such as environmental health, clean air and water, and workers’ rights.
Dave Owen | November 10, 2022
In one of Tuesday’s least surprising outcomes, California voters reelected Democratic Gov. Gavin Newsom. It wasn’t close. This might seem interesting only if you’re predicting the 2024 presidential primaries. But Newsom’s reelection has broad significance for climate policy and law, both in California and beyond. Think for a moment about traditional arguments against responding to […]
Allison Stevens | October 6, 2022
From Florida’s sea-battered coast to small mountain communities in landlocked Kentucky, nowhere, it seems, is safe from flooding these days. Even California’s Death Valley — the arid trough in the Mojave Desert known as “the hottest place on earth” — saw record floods this year. Flooding is, of course, nothing new. The story of human civilization is […]
James Goodwin | September 29, 2022
Last month, the U.S. Environmental Protection Agency (EPA) released what is almost certainly the best regulatory analysis it has performed in over 40 years. (To be clear, though, the bar for these analyses is pretty low.) More importantly, it provides President Biden with new impetus to finally follow through with the long overdue implementation of his administration’s “Modernizing Regulatory Review” memorandum.
James Goodwin | September 28, 2022
What does President Joe Biden believe on regulatory policy? It is striking that after 20 months of his administration, we still do not know. Unfortunately, rather than shed light on this crucial issue, September 29th's Senate confirmation hearing to consider the nomination of law professor Richard Revesz as the next administrator of the White House Office of Information and Regulatory Affairs (OIRA) is likely to raise more uncertainty.
Alexandra Rogan, Allison Stevens | September 28, 2022
This month, three Member Scholars – Dave Owen, Rob Fischman, and Rob Glicksman – take center stage in the latest edition of Land Use and Environment Law Review (LUELR), an anthology of last year’s best writing on environmental law. In August, Member Scholar Rebecca Bratspies, earned the 2022 International Human Rights Award from the Centre for International Sustainable Development Law, and […]
Daniel Farber | September 22, 2022
Since 1981, cost-benefit analysis has been at the core of the rulemaking process. The Office of Information and Regulatory Affairs (OIRA), the so-called “regulatory czar” in the White House, must approve every significant regulation based on a review of its cost-benefit analysis. But cost-benefit analysis has had a major blind spot. It embodies techniques for analyzing possible harmful outcomes when the probability of those outcomes can be quantified with reasonable confidence. When those probabilities cannot be quantified (“deep uncertainty”), the analytic path is more difficult. This issue is especially important in the context of climate change, given the potential for tipping points to produce disastrous outcomes.
Allison Stevens | September 13, 2022
The founding of the United States was far from perfect, reflecting the deep flaws and exploitative practices of the founders themselves. But there was one thing they got right: They created a government charged, in part, with protecting the general welfare. That includes you, me, the American people writ large, and our environment. We at […]