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Debunking the ‘Race to the Bottom’ Theory of Regulatory Competition
Its success in policymaking notwithstanding, the "race to the bottom" theory has fared poorly with the passage of time.
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Trump Administration Nominates Holly Greaves to Most Important EPA Post You’ve Never Heard of
Members of Congress should press Greaves to ensure that she is committed to producing an intelligible budget that allows for congressional oversight.
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EPA Considers ‘What Comes Next’ after Ending Obama-Era Clean Power Plan
This week's Advanced Notice of Proposed Rulemaking is a brainstorming exercise for what comes in the wake of the EPA’s rescission of the Clean Power…
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Despite Global Warming, Developers Still Love Miami
20,000 condominiums are in various stages of construction in Miami, in spite of global warming.
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EPA Administrator Pruitt Cleans Up Advisory Committees
EPA Administrator Scott Pruitt today is going to announce a new agency policy whereby independent science advisors cannot be funded by agency grants.
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House Passes Two Bills to Reform EPA Settlement Abuse
By a 238-183 bipartisan vote on October 24, the House of Representatives passed the Stop Settlement Slush Funds Act of 2017 (H.R. 732).
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EPA Administrator Pruitt’s Welcome Efforts to End Sue and Settle
On October 15, U.S. Environmental Protection Agency (EPA) Administrator Scott Pruitt issued a directive taking on the practice known as “sue and settle,” whereby environmental…
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Senate Budget Resolution Breathes Life into ANWR
By a 51-49 vote, the Senate this past week passed a budget resolution that creates a fast-track process for writing legislation to permit drilling in…
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My Take on Energy Department’s Prompt Letter to FERC
The Federal Energy Regulatory Commission (FERC) is the federal agency responsible for regulating interstate power flows, but the Federal Power Act authorizes the Department of…
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Sen. Graham’s Perplexing Pivot to a Carbon Tax
Lindsey Graham's enthusiasm for a carbon tax may be less popular than he imagines.
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Clinton’s ‘What Happened’ Latest Evidence that Climate Mitigation Policy Is Political Poison
Climate change policy is opposed by healthy bipartisan majorities.
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Fuzzy Math behind Xcel’s New ‘Colorado Energy Plan’
The Colorado utility is claiming that unnecessarily retiring cheap power and then replacing it with new expensive power would somehow save ratepayers money.
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Weak Allegations Fill NYT’s Latest Ill-Founded Pruitt Expose
The New York Times is back with another attempted blockbuster on Environmental Protection Agency Administrator Scott Pruitt.
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Congress, Courts Should Stamp Out EPA’s Power of the Purse
Federal judges should give greater thought to what is being asked of them when the government seeks a court order entering a consent decree that…
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SCOTUS’s Illogical ADEC Opinion Roiling Clean Air Act Cooperative Federalism
If the EPA’s expert always receives deference, then the state is very much subject to “second guessing,” despite the fact that states have no less…
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Two Responses to Anonymous EPA Staffer Diary in New York Magazine
EPA employees work for the American people, not the Sierra Club.
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EPA Chlorpyrifos Imbroglio Demonstrates Confounding Journalistic Themes
Confounding beliefs lead to cognitive dissonance for the modern progressive environmental reporter.
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Bad Week in Courts for EPA Policy
If the Trump administration had folded the Obama-era appeal of Judge Bailey’s decision, then the only legal precedent regarding the relevant section of the Clean…
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Government Documents on EPA-VW Settlement Highlight Need for Congressional Oversight
It is well past time for a committee of jurisdiction to ask of the EPA: How much are you spending on the VW settlement?…
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EPA Should Use Review of Mercury and Air Toxics ‘Supplemental Analysis’ to Put ‘Co-benefits’ in the Grave
The Trump EPA should undertake its own supplemental analysis, including a review of the one performed by the previous administration.
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What Congress and the Trump Administration Need to Do to Fix the EPA’s Broken Budget
Congress should demand that EPA submit a budget that is capable of being understood by lawmakers.
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A Short & Concrete Defense of the Legal Risk Rationale behind the Paris Exit
The agreement could have been used to muck up the Trump administration’s planned rollback of Obama-era climate rules, including the Clean Power Plan…
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Paris Exit Enjoys Electoral Legitimacy Agreement Itself Lacked
Trump’s Paris exit fulfills a 2016 campaign pledge.
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Why Not a “Nuclear Option” for Legislative Vetoes?
For the sake of clarity, I start with questions presented in this blog, which serve as a useful guide: Is it constitutional for one Congress…
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New York Times Again Misses Mark with Pruitt Hit
The truth is a lot blander then what the journalists would have you believe.
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Confusing EPA Budget Process Calculated to Resist Meaningful Oversight
Congress can’t exercise the power of the purse to rein in an administrative agency when lawmakers have no idea how the money is spent.
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Double Dose of Good News from D.C. Circuit Court
In a double dose of good news, the D.C. Circuit Court this week put on hold litigation surrounding two major Obama-era EPA rules for existing…
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Bipartisan Attorney General Letter Opposes Electric Vehicle Industrial Policy in EPA-VW Settlement
A bipartisan group of state attorneys general has released of a letter opposing the electrical vehicle infrastructure plan that the EPA negotiated with Volkswagen over…
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Top Three Silliest Reactions to Trump’s Climate Executive Order
#3 Silliest Reaction: Red Scare! According to Nathan Richardson at Resources for the Future, the big problem with Trump’s Executive Order is what it signals…
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More Anxiety over White House Budget for EPA
Whatever the administration hopes to accomplish with its budget, it must work with Congress.
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Buckeye Institute Study: Ohio’s Green Energy Mandate Is Bad Economics
If Ohio's renewable energy mandate is fully implemented, the state would suffer 134,100 fewer jobs and a loss of $15.5 billion in GDP by 2026…
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Courts Should Abandon Deference Doctrines; Congress Should Fund Review Capacity
Judicial deference has engendered an imbalance between Articles II and III of the U.S. government, and we should look to the Founding Fathers for a…
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Proposed EPA Budget Cuts Raise Serious Concerns
Proposed cuts to the Environmental Protection Agency budget suggest a poorly thought out initial effort.
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Trump Not Bound by Obama Volkswagen Settlement with EPA
The judicial settlement which was reached between Volkswagen and the U.S. Department of Justice last October infringes on President Trump’s Article II authority.
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Congress Should Eliminate Obama’s Stream Protection Rule
Congress should eliminate the Department of Interior’s harmful Stream Protection Rule. …
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White House Should Revisit Volkswagen Settlement with EPA
A coalition of free-market groups ask President Trump to investigate the VW emissions settlement with the EPA.
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Vox Begs the Question on Climate Change ‘Lukewarmers’
The key insight of the "lukewarmer" position on climate change is that policy has costs and that these costs can harm human beings just as…
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Advice for EPA, Part 3: How to Restore Cooperative Federalism
The Environmental Protection Agency can achieve bipartisan environmental improvement by restoring harmony between itself and state governments. …
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Misleading New Republic Hit on EPA Nominee Scott Pruitt Demonstrates Ignorance of Subject Matter
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Key Omission Undercuts Attempted New York Times Exposé of EPA Nominee Scott Pruitt
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Reaction to Reported EPA Fuel Efficiency Rule, Part 1: The Politics of the Matter
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Scrutinizing Sen. Carper’s Questions for EPA Nominee Pruitt
Sen. Tom Carper (D-Del.) is unwilling to hold a confirmation hearing on President-elect Trump’s choice for Environmental Protection Agency administrator until the nominee, Oklahoma Attorney…
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Activist Criticism Again Misses Mark on EPA Nominee Pruitt
It’s implausible to argue that Pruitt’s past acceptance of PAC donations are “unprecedented” for someone overseeing the…
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Environmental Litigation Strategies and Defenses for Trump Era
Environmental litigation groups like the Sierra Club, Natural Resources Defense Council, and the Center for Biological Diversity will pursue three types of lawsuits over the…
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New York Times Misleads on U.S.-China Renewable Energy Trade
The source of demand for Chinese renewable energy exports are countries, like the U.S. and Europe, that have mandated and subsidized green energy.
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Energy & Environmental Policy News: Multimedia Roundup
Observations and analysis on recent energy and environment news by senior fellow William Yeatman.
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Second Round of Advice for EPA: People Are Policy
The incoming Administration should fill lower ranking political appointees at the EPA with officials across a broad spectrum of state environmental programs and legal officers.
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EPA Region 6 Throws Bombs to the Bitter End
Among the Environmental Protection Agency's 10 offices, by far the most aggressive during the Obama administration has been Region 6, which operates out of Dallas…
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Environmental Defense Fund Attack Ad Full of Lies about EPA Nominee Scott Pruitt
The Environmental Defense Fund’s mendacious attack ad on Scott Pruitt demonstrates much that is wrong with the green movement.
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Is It ‘Mission Accomplished’ for the EPA?
Does it make any sense to spend ever greater sums of money for ever fewer environmental benefits? That’s the very fair question that’s been asked…