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  • Biden Car Rules Won’t Account for Trump-Era CO2

    Richard Revesz said the proposal to ramp up annual requirements from 3.7% to 5% positions the administration for future carbon reductions. “A tightening of the standard over the next few years is productive because it will require a less big leap — a big leap — but a less big leap after 2026,” he said. “Starting there and moving up is in my mind a reasonable approach, but we can’t stop there. We have to keep moving forward.”

  • Trump’s Shrinking Legacy

    The rule process is specific, technical, and tedious, which did not exactly fit Trump’s style. Some experts say Trump’s agencies wrote their rules carelessly, failing to provide good explanations for what they were doing. “​​You do have to explain why you’re making the change you’re making and give some good reasons for it. And you have to respond to criticism from the public,” Jack Lienke, the regulatory-policy director of the Institute for Policy Integrity, told me. “And the Trump administration often didn’t do that.”

  • Agencies Expected to Miss Biden’s Deadline for Tailpipe Rule

    The agencies are not expected to meet this week’s deadline, and questions are swirling about the scope of a cars rule that could play a central role in cutting emissions from the nation’s biggest source of CO2. “Is the proposal going to reinstate the Obama standards, is it going to embody the agreement California reached with auto companies, which was less stringent, or will it be somewhere in between?” said Richard Revesz, a professor at the New York University School of Law.

  • FERC Climate Reviews: CO2 Solution or Chaos?

    While FERC’s new climate reviews are useful and a step in the right direction, failing to determine the significance of a project’s emissions could open the door to more lawsuits, said Max Sarinsky, a senior attorney at the Institute for Policy Integrity at NYU School of Law. “The bigger question is, what do you do now that you know what these emissions are? How is that going to affect your decisionmaking process?” Sarinsky said. “So far, FERC hasn’t shown that it will.”

  • Trump Executive Action Legal Losses Threaten Biden Climate Goals

    Legal arguments that curbed several of the Trump administration’s most far-reaching executive actions could be used to slow President Joe Biden’s most ambitious climate and environment plans. The Trump administration had a 23% win rate in court challenges to its agency actions, according to data from the nonprofit Institute for Policy Integrity. That number is a stark contrast to the average 70% win rate of previous administrations, said Bethany Davis Noll, executive director of the State Energy & Environmental Impact Center and an affiliated scholar at the Institute of Policy Integrity.

  • Why Biden Is Learning to Love Executive Orders

    In Biden’s first two weeks in office, he took 16 executive actions directly reversing one or more of former president Donald Trump’s policies. According to the Institute for Policy Integrity at New York University School of Law, of the nearly 260 deregulatory and other actions of Trump’s administration that were challenged in court, three-quarters were either struck down or withdrawn by the agency in question after it was sued.

  • Environmentalists Urge OMB to Use Civil Rights Enforcement in EJ Strategy

    The Institute for Policy Integrity, a regulatory think tank based at New York University, says in July 6 comments that OMB should “detail sustainable methodologies and procedures that agencies can implement,” and identifies four principles to guide such action.

  • Industry, GOP States Ramp Up Push to Assume Trump Stances in Suits

    Legal experts say they expect these kinds of filings will happen more regularly in coming months. “There will be lots of them,” says Ricky Revesz, director of New York University’s Institute for Policy Integrity (IPI). “It’s not an unusual pattern. The same thing happened in the beginning of the Trump administration. Parties that were already intervening on the side of the Obama administration took the role of defending the Obama regulations that were now being attacked by the Trump administration.”

  • This Gas Utility Has Agreed to Stop Building a Contentious Brooklyn Pipeline

    Justin Gundlach explained that the New York Public Service Commission is in a tough spot—coordinating the decline of the gas system is deeply complicated, and the state is still in the midst of a process to determine what, exactly, that decline should look like. 

  • ICRRL Supports Enhanced Finance Industry Climate Safeguards

    Advocates of the newly formed Initiative on Climate Risk and Resilience Law (ICRRL) are advocating the Securities and Exchange Commission (SEC) bolster climate change protections with the finance industry. The ICRRL is a joint initiative that includes the Columbia Law School’s Sabin Center for Climate Change Law, the Environmental Defense Fund, the Institute for Policy Integrity at New York University School of Law, and the Vanderbilt Law School.