Blog
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.
Blog
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.
Blog
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…
Blog
Despite Global Warming, Developers Still Love Miami
20,000 condominiums are in various stages of construction in Miami, in spite of global warming.
Blog
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.
Blog
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).
Blog
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…
Blog
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…
Blog
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…
Blog
Sen. Graham’s Perplexing Pivot to a Carbon Tax
Lindsey Graham's enthusiasm for a carbon tax may be less popular than he imagines.
Blog
Clinton’s ‘What Happened’ Latest Evidence that Climate Mitigation Policy Is Political Poison
Climate change policy is opposed by healthy bipartisan majorities.
Blog
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.
Blog
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.
Blog
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…
Blog
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…
Blog
Two Responses to Anonymous EPA Staffer Diary in New York Magazine
EPA employees work for the American people, not the Sierra Club.
Blog
EPA Chlorpyrifos Imbroglio Demonstrates Confounding Journalistic Themes
Confounding beliefs lead to cognitive dissonance for the modern progressive environmental reporter.
Blog
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…
Blog
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?…
Blog
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.
Blog
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.
Blog
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…
Blog
Paris Exit Enjoys Electoral Legitimacy Agreement Itself Lacked
Trump’s Paris exit fulfills a 2016 campaign pledge.
Blog
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…
Blog
New York Times Again Misses Mark with Pruitt Hit
The truth is a lot blander then what the journalists would have you believe.
Blog
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.
Blog
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…
Blog
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…
Blog
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…
Blog
More Anxiety over White House Budget for EPA
Whatever the administration hopes to accomplish with its budget, it must work with Congress.