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  • 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.

  • Trump’s Rule Threatens Booming $4B ‘Restoration Economy’

    January 3, 2019 – Greenwire

    By using data from 1999, the administration ignored any savings those business provided developers, according to Jason Schwartz, legal director at the New York University School of Law’s Institute for Policy Integrity. The lacking analysis underscores how the Trump administration’s pro-industry rhetoric ignores the ecological restoration business, he said.

  • Trump Rollbacks Causing Premature Deaths Should Not Be Celebrated

    October 25, 2018 – The Hill

    The administration’s so-called accomplishments, which include rolling back hazardous waste regulations and consumer protection rules, will inflict great harms on the American people, resulting in additional deaths, illnesses, and bankruptcies. The damages done by these heedless regulatory rollbacks significantly exceed the cost savings for regulated industries.

  • Chemical Plant Safety Rule Rollback Presses on After Legal Loss

    October 17, 2018 – Bloomberg

    An industry-friendly replacement for Obama-era chemical facility safety rules is moving forward despite a court decision in August that questioned the agency’s basis for making changes. The agency could have a stronger case if it let the original rule take effect and proposed changes down the line based on real data developed during the implementation, Bethany Davis Noll said.

  • EPA Expands Clean Air Act Loopholes for Coal Plants

    September 5, 2018 – The Hill (Opinion)

    EPA calls its Affordable Clean Energy proposal “a new rule to reduce greenhouse gas emissions” from coal-fired power plants. There are just two problems with that characterization: ACE won’t do much of anything to reduce coal plants’ CO2 emissions, and the rule isn’t really new at all.

  • Stars Aligning for EPA Change in Calculating Air Rules Benefits

    August 31, 2018 – Bloomberg

    Bucking the science on particulate matter’s health impacts could carry a legal risk, Michael Livermore told Bloomberg Environment. “Courts like deferring to agencies, but if they think the agency is untrustworthy on fundamental science, that is a huge problem for the agency,” he said. The EPA might have some discretion to adjust its co-benefit treatment, “but they might also threaten their ability to get deference in general by risking their scientific credibility.”

  • Tainted Review

    August 29, 2018 – The Regulatory Review (Opinion)

    Environmentalists should question any move by this Administration’s EPA to reform its cost-benefit analysis.

  • The 6 Things You Most Need to Know About Trump’s New Climate Plan

    August 24, 2018 – Vox

    “When an agency wants to do something that’s harmful to the American people, it typically tries to hide it,” Richard Revesz of the Institute for Policy Integrity told Johnson. “What’s unusual here is that the EPA just comes out and says it.”