In the News

Challenges to an EPA rule delaying a chemical safety regulation aimed at protecting emergency responders being argued March 16 could pose a test of the Trump administration’s push to roll back regulations. “Agencies need explicit statutory authority for their actions,” Bethany Davis Noll, litigation director at the Institute for Policy Integrity at New York University School of Law.

EPA Administrator Scott Pruitt’s plan to organize a “red team-blue team” exercise about climate change, consisting of a public debate over whether and to what degree human activities are causing global warming, was reportedly halted by Gen. John Kelly, the White House chief of staff. Kelly should be applauded for putting an end to a terrible idea that would have undermined, rather than increased, public understanding of a critical issue.

Although cap-and-trade programs for government permits to emit carbon dioxide occasionally make headline news, the average American may not realize that billions of dollars’ worth of government permits are auctioned or traded in a wide variety of industries, from broadcasting to construction to fishing.

A cascade of courtroom standoffs are beginning to slow, and even reverse, the EPA rollbacks thanks to the administration’s ‘disregard for the law.’ “The Trump administration has been sloppy and careless, they’ve shown significant disrespect for rule of law and courts have called them on it,” said Richard Revesz, a professor at the New York University school of Law.

The Trump administration’s new draft plan for offshore drilling represents a colossal shift in policy by proposing to make nearly all U.S. coastal waters available for oil and gas exploration. The administration has framed this proposal as a way to achieve “energy dominance,” but this claim doesn’t add up: The United States is already the world’s number one oil and natural gas producer. What is clear is that the administration’s approach entails major environmental and social risks and ignores basic economic facts, making it a terrible deal for the American public.

Late last year, Rick Perry’s Department of Energy issued a notice of proposed rulemaking asking the Federal Energy Regulatory Commission to bail out beleaguered coal and nuclear plants.Yesterday, FERC officially responded: Thanks, but no thanks. “DOE’s bungling of this from the start (no coordination, proposal unlike a normal 206 proceeding, Perry’s performance at House Energy hearing) very likely hurt its ability to get near-term policy in the direction it wanted (even if less than cost-of-service),” Tweeted Avi Zevin, an attorney at the Institute for Policy Integrity.

Michael Livermore, an environmental law professor at the University of Virginia, said that “based entirely on the Department of Interior’s own analysis, drilling off the coast of California is a terrible idea.” He cited a section of the leasing proposal that found waters off Central California did not meet the government threshold for benefits exceeding the costs of oil drilling.

Without a doubt, stronger limits on abusers’ ability to obtain guns are needed to save women’s lives. An equally critical step that Congress can take is to improve access to protective orders by increasing funding for the Legal Services Corporation. According to a recent report from the Institute for Policy Integrity, 83 percent of victims represented by an attorney successfully obtained a protective order, as compared with just 32 percent of victims without an attorney.

In the Dec. 14 press conference, Trump said the government had taken 67 deregulatory actions through Sept. 30 — with an annual savings to society of $570 million — and had imposed just three new regulations. The administration’s cost figures ignore projected benefits for regulations it has blocked, distorting the actual impacts on society, said Denise Grab, a lawyer with the Institute for Policy Integrity at New York University’s School of Law.

Courts answered several important environmental law questions in 2017, including how the effects of greenhouse gases must be factored into project analyses. In August, a divided D.C. Circuit panel said the Federal Energy Regulatory Commission failed to adequately analyze the greenhouse gas emissions impacts of a project that it approved and ordered the agency to redo its environmental review. Ricky Revesz, a law professor at New York University and director of the Institute for Policy Integrity, said the ruling adds to a growing body of case law showing that federal agencies must meaningfully consider the greenhouse gas emission impacts of their policy decisions.