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  • Economic Analysis Could Undermine Trump Rule Repeal

    October 30, 2019 – E&E News

    When the Trump administration finalized its repeal of the Obama-era Clean Water Rule last month, it also quietly updated an economic analysis of the repeal’s costs and benefits. Bethany Davis Noll, litigation director at New York University School of Law’s Institute for Policy Integrity, faulted the new analysis for only focusing on how the repeal would affect individual states, instead of looking at how varied levels of state waterway protections could lower water quality in states with strong protections if they are downstream of those that are more lax.

  • DC Circuit Rejects EPA Air Rule, Requires Tighter Emission Limits on Power Plants, Other Sources

    October 2, 2019 – Utility Dive

    “This court decision is very good news for public health in many parts of the country,” Richard Revesz, director of the Institute for Policy Integrity at NYU School of Law, said in a statement. Revesz said the Trump administration “has consistently flouted” a core obligation of the Clean Air Act, to protect the air quality of downwind states that suffer from excessive upwind pollution. “A number of related cases are pending and this decision may be the harbinger of further defeats for the EPA,” he said.

  • States Sue Trump Administration Over Rollback of Obama-Era Climate Rule

    August 13, 2019 – The New York Times

    If justices ultimately decide in favor of the Trump administration and find the Clean Air Act does not allow the government to direct broad changes to the nation’s energy deployment, it could permanently weaken the United States’ ability to tackle its contributions to global warming. “It would have a devastating effect on the ability of future administrations to regulate greenhouse gases under the Clean Air Act,” said Richard L. Revesz, a professor at New York University who specializes in environmental law. “It would essentially make it extremely difficult to regulate greenhouse gases effectively,” he said.

  • It’s a Bad Idea to Pick a Fight with California on Car Emissions

    June 8, 2019 – San Francisco Chronicle (Opinion)

    Though standards limiting vehicle emissions have played a critical role in controlling U.S. air pollution, the Environmental Protection Agency and National Highway Traffic Safety Administration have imminent plans to roll back emissions standards for model years 2021 and beyond. As part of the proposal, the agencies have put California in their crosshairs. But leaving California alone could help keep the air cleaner and avoid the political and legal uncertainty caused by picking that fight with California.

  • The Trump Administration Might Be Too Incompetent to Undermine Environmental Regulations

    June 3, 2019 – Slate (Opinion)

    The Trump administration appears to be entering an alarming new stage of its attack on environmental protection. EPA has recently decided it will change the way it collects and processes data, to provide better justification to dismantle the analytical foundation of its rules.The consequences for the environment and public health could be disastrous. But even as this approach might be more deliberate, these actions are unlikely to survive court challenges as well.

  • Trump and the Environment: Can Green Lobby’s Victories Continue?

    May 23, 2019 – Financial Times

    In court the administration has lost most of the environmental cases it has faced. It has been defeated in more than 90 per cent of the 41 legal actions related to regulatory rollbacks, in which a final outcome was reached, according to a database at the Institute for Policy Integrity at the NYU School of Law.

  • EPA Could Get Thousands of Deaths Off the Books by Changing Its Math

    May 20, 2019 – The New York Times

    “Particulate matter is extremely harmful and it leads to a large number of premature deaths,” said Richard L. Revesz, an expert in environmental law at New York University. He called the expected change a “monumental departure” from the approach both Republican and Democratic E.P.A. leaders have used over the past several decades and predicted that it would lay the groundwork for weakening more environmental regulations.

  • Obama-Era Oil Leases Broke the Law by Not Assessing Climate Impact, Judge Rules

    March 20, 2019 – The New York Times

    “What this decision says is, in evaluating the environmental consequences of the lease, an agency has to look not just at the consequences of the impacts immediately surrounding the lease but also the consequences down the road of burning the fuel once it’s extracted,” said Richard L. Revesz, an expert on environmental law at New York University. “That’s enormously important.”

  • The Real Reason the Trump Administration Is Constantly Losing in Court

    March 20, 2019 – The Washington Post

    Two-thirds of the cases accuse the Trump administration of violating the Administrative Procedure Act, a nearly 73-year-old law that forms the primary bulwark against arbitrary rule. The normal “win rate” for the government in such cases is about 70 percent, according to analysts and studies. But as of mid-January, a database maintained by the Institute for Policy Integrity at the New York University School of Law shows Trump’s win rate at about 6 percent.

  • Less Scandal, Equal Dysfunction

    February 27, 2019 – Slate (Opinion)

    Andrew Wheeler’s EPA may not be as dramatic as Scott Pruitt’s, but it still suffers the pathologies that make its work poor quality—and unlikely to hold up in court.