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  • Trump Drive to Boost Fossil Fuels Hits a Wall in Federal Courts

    April 29, 2019 – Bloomberg

    The decision is a telling indication of rulings to come, as the first one targeting a final environmental repeal by the Trump administration, said Jayni Foley Hein, natural resources director at New York University’s Institute for Policy Integrity. “It’s emblematic of the challenges this administration has faced in trying to carry out the energy dominance agenda. When you are weakening or rolling back environmental standards, you’re going to be challenged in the court, and there are certain substantive and procedural hurdles you have to overcome in order to carry that out.”

  • Trump’s Offshore Oil-Drilling Plan Sidelined Indefinitely

    April 25, 2019 – The Wall Street Journal

    It was the latest setback for an administration that has repeatedly lost efforts to defend its deregulatory actions in court. It has lost roughly 95% of its deregulatory cases, according to data compiled by the Institute for Policy Integrity at New York University School of Law. That is three times the rate of most executive-branch agencies in prior administrations for similar actions in the courts.

  • Trump’s Regulatory ‘Whack-a-Mole’

    April 10, 2019 – Politico (Opinion)

    Despite its low success rate, the administration is actually winning — at least some of the time. That’s because the administration has learned to use delaying tactics to undermine and even repeal federal regulations it doesn’t like, even when judges rule against it in court.

  • An Overeager Legal Strategy May Endanger Trump’s Energy Goals

    April 4, 2019 – Roll Call

    Revesz said many of the court losses can be tied to a conundrum for the administration: If they complete scientific and thorough analysis to justify what they want to do, that work will show why their goal is harmful to the public. But if they complete haphazard analysis, judges will see through it. “So they’re caught between a rock and a hard place,” Revesz told CQ. “I think in some cases there is not good analysis that they could do, so they resort to bad analysis.”

  • How State Power Regulators Are Making Utilities Account for the Costs of Climate Change

    April 1, 2019 – The Conversation

    Every additional ton of the greenhouse gas emissions from burning fossil fuels to generate electricity contributes to climate change. This carbon pollution has many negative consequences, both to the physical world and also to global social and economic systems. But utilities don’t always tally the costs of these consequences. Because dealing with climate change is astronomically expensive, we believe that this should change.

  • 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.

  • EPA Is Rolling Back Protections with Methodology No Respectable Economist Would Endorse

    March 4, 2019 – The Hill (Opinion)

    The agency has invented a new, unnatural way of evaluating regulatory cost that finds no support in the economics literature or in the regulatory practices of prior administrations of either political party.

  • 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.

  • Achieving Climate Goals Will Require Sound Energy Storage Policies

    February 19, 2019 – The Regulatory Review (Opinion)

    As climate threats mount and the window to act is beginning to close, states need to adopt desirable energy storage policies as quickly as possible.