Blog
Two Recommendations for EPA: 1) Revise, Don’t Repeal; 2) Do Your Job
There is a climate policy that’s even worse than EPA regulations written by Natural Resources Defense Council lobbyists: state torts for injunctive or monetary relief…
The Hill
Trump could be fighting Obama’s climate policies for years
The Hill discusses expected climate policies under the new administration with William Yeatman. William Yeatman, a senior fellow at the conservative Competitive Enterprise Institute,…
InsideEPA.com
Climate: CEI official urges Trump to retain scaled-back GHG rules
InsideEPA.com discusses the incoming Trump administration’s stance on climate policy with William Yeatman. A top official with the Competitive Enterprise Institute (CEI), the…
Blog
Obama’s National Monument Designation: Second-Term Environmental Policymaking at Its Worst
It is outrageous that President Obama, on the way out the door, would try to irrevocably federalize 1.3 million acres in the state, in spite…
Blog
Can Any Branch of Government Oversee the EPA?
Federal regulatory agencies have escaped effective oversight from the Congress and the courts.
Blog
Obama Couldn’t Win a Third Term, Because He Would Have To Own His Global Warming Policy
I strongly doubt that President Obama would win a third term, as he claimed yesterday.
Blog
EPA’s Clean Power Plan Lies Undermine Congressional Oversight
Congress’s primary means of investigation are hearings and follow up questions, but these mechanisms are rendered meaningless when the agency lies.
Blog
Congress Must Combat Threats to Affordable Energy
Policy makers should reject policies to tax and regulate away mankind’s access to affordable energy.
InsideEPA.com
Thomas Friedman, Phone Home
In his ceaseless efforts to boost green energy, New York Times columnist Thomas Friedman has engaged in propaganda that is so blatant and so bogus…
Inside Climate News
Big Win for Dakota Pipeline Opponents, But Bigger Battle Looms
Inside Climate News discusses the National Environmental Policy Act with William Yeatman. William Yeatman, a senior fellow at the the Competitive Enterprise Institute,…
Bloomberg BNA
Pelosi, Challenger Similarly Green, But Differ on Gas Exports
Bloomberg BNA discusses Paul Ryan's support for natural gas exports with William Yeatman. Both Pelosi and Ryan have called for expanding solar and…
Blog
The Real Victim in the Dakota Access Pipeline Controversy Is the Company behind the Project
The real victims in the controversy over the Dakota Access Pipeline is Dakota Access Services, the company behind the 3.7 billion project that would move…
The Wall Street Journal
Obama’s Electric Car Money Grab
A federal judge last week approved a $14.7 billion settlement to partially resolve the legal fallout over Volkswagen’s installation of “defeat devices” designed to cheat…
Blog
Federal Judge Rules That EPA Must Account for Job Losses of Its Regulations
Los Angeles Times
Why should only solar and wind get the tax credits? This industry wants in
Los Angeles Times discusses subsidies for the energy storage industry with William Yeatman. “We’re getting to a really tenuous connection,” said William Yeatman, senior…
The Hill
UN makes power play against Trump
The Hill discusses the possibility of Donald Trump, if elected, asking the Senate to ratify the Paris climate deal with William Yeatman. William Yeatman,…
Blog
Congress’s Aversion to Power Undercuts Constitutional Safegaurds
A foundational principle behind the structure of the U.S. government, as provided by the Constitution, is that human beings are power hungry.
Blog
Inquiry into Judicial Deference
Deference is judicial respect for agency interpretations of ambiguities in texts that carry the force and effect of law.
Blog
Response to Prof. Aaron Nielson on ‘Auer Deference’
As I’ve discussed before, there is a robust ongoing debate over the propriety of Article III courts giving binding respect to a regulatory agency’s interpretations…
Blog
Response to Prof. Ronald Levin on ‘Auer Deference’
Last week, I posted about an ongoing symposium at Notice & Comment, regarding Auer deference to agency interpretations of their own regulations.
Blog
Obama Administration Violates Judicial Independence in Dakota Pipeline Case
Last week, I lambasted the Obama administration for effectively overturning an Article III court decision regarding the Dakota Access Pipeline. Below is a summary of…
The Denver Post
Like Obama, Hickenlooper using heavy-handed tactics on climate policy
On climate change, is Gov. John Hickenlooper ripping a page directly from President Obama’s authoritarian playbook? Obama dodged global warming during his reelection campaign, only…
Blog
Obama’s Worst Power Grab Yet
The $3.7 billion Dakota Access Pipeline is a partially completed project that would move almost 500,000 barrels of oil daily from the Bakken oil fields in…
Study
Empirical Answers to Outstanding Questions in the Ongoing Debate Over Auer
This study was originally posted at the Yale Journal of Regulations. View it here. View the study at the…
Blog
Everything You Should Know about ‘Auer Deference,’ the Most Pressing Issue in Administrative Law
Among the most controversial topics in administrative law is the propriety of Article III courts giving binding deference to agency interpretations of their own regulations.
Blog
Clean Power Plan Litigation: A Giant Ball of Uncertainties
Prognosticating judicial outcomes is a foolish endeavor in general, but trying to predict the fate of the Clean Power Plan in Article III courts is…
The Hill
Obama eyes big finish on climate
The Hill discusses Obama's climate change policy agenda with William Yeatman. But conservatives see the push as another example of Obama moving toward…
Blog
Senate EPW Takes Gina McCarthy to Task for Broken Promises
During the summer of 2013, the Senate considered Gina McCarthy’s nomination to become head of the EPA. In the course of this deliberation, Republicans on…
Blog
Olympic Ceremony an Example of Cheap Talk on Global Warming
“Doing something” about global warming is hard and requires economic sacrifice.
Blog
Volkswagen Deal on Zero Emission Vehicles an End Run around Congress
In his 2011 State of the Union Address, President Obama promised to put 1 million electric vehicles on the road. To this end, the President…
Blog
Elon Musk Angry at Having to Compete for Taxpayer Handouts
“Rent seeking” occurs when companies secure government benefits for actions that do not otherwise create wealth.
Tyler Morning Telegraph
Texas faces real harm from EPA’s Invisible Haze rule
Texas recently got a temporary reprieve from an ineffective, staggeringly costly mandate imposed by the U.S. Environmental Protection Agency. The U.S. Court of Appeals for…
Law.com
Advocates Take Shots at VW Emissions Accord
Law.com reports on CEI’s Center for Class Action Fairness’s critique of the Volkswagen emissions settlement which CEI’s William Yeatman also discusses. In one…
Blog
EPA’s Missed Deadlines Causing Widespread Dysfunction
Yesterday I published a study that reviews EPA’s performance for more than 1,000 Clean Air Act deadlines. Here’s the big takeaway: the agency missed 84…
Study
The EPA’s Dereliction of Duty
The agency's failure to meet its own deadlines demands more Congressional oversight.
Blog
Worst Procedural Abuses of the Obama Era: Secret Rules
Since Obama took office, the EPA’s grossest procedural violation was so outrageous that the agency voluntarily reversed course after it came to light. In the…
Blog
Worst Procedural Abuses of the Obama Era: The Series
Inspired by our friends at RegBlog, Open Market is publishing a new blog series this week on pressing issues in administrative law and regulatory policy.
Blog
Senator “Which Way” Whitehouse Can’t Decide Whether #ExxonKnows
Sen. Sheldon Whitehouse (D-RI) and Rep. Ted Lieu (D-CA) on Monday introduced a “Web of Denial” concurrent resolution, which “condemns groups who have misled the…
Blog
Primer on the Separation of Powers Restoration Act
The House today will vote on H.R. 4768, the Separation of Powers Restoration Act (SOPRA). This bill would direct courts to stop giving controlling respect…
Blog
Dear RegBlog: Special Interests Can Capture Agencies, Too
Regulatory capture occurs when special interests coopt the power of the state in order to advance their narrow interests at the expense of the public…
Blog
Another Reporter Revises History of Congressional Climate Policy
Over at BNA Energy and Environment Blog, Dean Scott has an interview with Sen. Ed Markey (D-MA). At one point, the discussion turned to a…
Blog
Obama Finally Campaigns on Climate Change (for Someone Else)
A theme that I’ve visited frequently in the past is the illegitimacy of President Obama’s climate agenda. To recap, Obama ran away from climate change…
Blog
My One Agreement with Sen. Warren: Federal Rulemaking Should Be Transparent
In my two previous posts, I picked apart Sen. Elizabeth Warren’s allegation that notice and comment rulemakings are unfairly tilted in the favor of regulated…
Blog
More Wrongheadedness from Sen. Warren on Notice and Comment Rulemakings
Under the Administrative Procedure Act, federal agencies are required to undertake certain procedures when they promulgate rules of general applicability.
Blog
Sen. Warren’s Baseless Criticism of Notice and Comment Rulemaking
In a recent blog post about “regulatory capture,” Sen. Elizabeth Warren claimed that notice and comment rulemaking is unduly biased towards regulated parties.
Real Clear Policy
House Moves to Take Back Ozone Policymaking
Last Wednesday, the U.S. House of Representatives passed a long overdue bill to take back air quality policymaking from the most powerful and unaccountable government…
The Salt Lake Tribune
EPA’s expensive haze solution won’t produce detectable difference
Seven hundred million dollars. That's how much of your money that the U.S. Environmental Protection Agency is willing to throw away for nothing. This is…
Law 360
GOP’s Swing At Dodd-Frank Could Give Banks Edge In Court
Law 360 discusses eliminating the Cheveron deference with William Yeatman. Backers of such moves say there are both principled as well as political…
Blog
NYT’s Sensationally Incorrect Headline and Other Climate Notes
The silliest news items are those that belie their headlines, as is the case with a sensational front-page story in today’s New York Times, titled…
Daily Caller
Navajo Nation In Crisis As EPA Tries To Shutter The West’s Largest Coal Plant
The Daily Caller discusses the impacts of the EPA's Regional Haze rule with William Yeatman. William Yeatman, a research fellow at the Competitive…