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News
Seeing the Trees, But Ignoring the Forest
1+ week, 5+ day ago (420+ words) The Supreme Court struck down President Trump’s tariffs, but it left the big issue of abusive presidential power unaddressed. The case of Learning Resources v. Trump was the economic blockbuster of the U.S. Supreme Court’s 2025 term. In a 6-3 decision, the…...
The Energy Department Is Trying to Rewrite the Federal Power Act
3+ week, 4+ day ago (246+ words) The Energy Department’s misuse of its emergency powers undermines states’ authority over energy planning. The U.S. Court of Appeals for the D.C. Circuit will soon determine the legality of the Campbell order. As we explained in the brief…...
Restricting Resettlement When Water Is Scarce
1+ mon, 3+ week ago (614+ words) Scholar considers the constitutional right to travel in an era of climate-driven water scarcity. Between January 2010 and July 2021, the driest communities in the American Southwest averaged 245 weeks of extreme drought—when critical water shortages and crop and pasture loss become…...
We Can Learn from the Oscillations of U.S. Environmental Law
2+ mon, 3+ week ago (165+ words) EPA’s recent rollback of a climate rule echoes decades of fluctuation in domestic environmental policy. Federal land law subsidized railroads, incentivized homesteading, and extinguished Native American land claims under color of legal doctrine. Yet even this era of unconstrained exploitation…...
EPA’s Repeal of the Endangerment Finding Will Cost Society
3+ mon, 5+ day ago (220+ words) EPA’s lopsided focus on regulatory costs ignores the much larger forgone benefits and the law. The price tag for consumers will not end at the pump. By repealing its motor vehicle greenhouse gas emission standards, EPA will cause massive climate…...
Ending EPA’s Endangerment Finding Won’t End Climate Change Regulation
3+ mon, 6+ day ago (284+ words) The EPA dog may catch the climate change bus, but it probably will not end climate change regulation. “In any area where the Commission lacks the authority to regulate, it equally lacks the power to preempt state law.” Now, the…...
The Three Great Lies About Climate Change
4+ mon, 1+ week ago (185+ words) State and local restrictions on natural gas production permits prevent climate damage mitigation. The first claim has been exposed as a lie in many ways and in many forums. It is contradicted by hundreds of studies and by the increases…...
Economists Still Agree on Climate Change
5+ mon, 4+ day ago (260+ words) Despite the retraction of a recent study, economists still agree that climate change is expensive and dangerous. A study that projected extremely large damages due to climate change has attracted significant and renewed attention recently after the scientific journal Nature…...
EPA Proposes Rollbacks to Chemical Regulation
8+ mon, 4+ week ago (531+ words) A proposed rule seeks to reverse recent changes to the procedures EPA uses to conduct risk assessments of toxic chemicals. In its final months, the Biden Administration sought to update the government’s risk assessment processes focused on limiting exposure to…...
Lack of Coordination Threatens Environmental Policy
10+ mon, 4+ day ago (156+ words) These cases come on top of a February interim final rule from CEQ rescinding the previous NEPA implementation rules. CEQ’s subsequent memo provided agencies with some directives for issuing new NEPA regulations. It did not, however, provide guidance on early…...