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  • Toward a “Unitary Executive” Vision of Article II?

    • Richard L. Revesz

    The U.S. Supreme Court made a significant move toward a “unitary executive” vision of Article II in Seila Law LLC v. CFPB. In this 5-4 decision, the Court relied on misleading arguments and revisionist history to strike down the statutory provision granting for-cause removal protection to the director of the Consumer Financial Protection Bureau.

  • Climate Change’s New Ally: Big Finance

    • Madison Condon

    What are we to make of this seeming sea change in corporate social responsibility? Critics are correct in pointing out that these measures fall far short of what is needed to avoid catastrophic levels of warming. But to observers of corporate governance, this level of climate activism is unprecedented, almost shocking—and without an analytical vocabulary to make sense of it. To understand this recent rise in institutional investor activism, one has to look at the shifting composition of the major players in capital markets over the past decade.

  • Ban Airlines from Booking Middle Seats

    • Max Sarinsky

    While experts recommend distancing on airplanes as much as possible—urging high-risk individuals to be especially cautious—many airlines have nonetheless eschewed basic measures to ensure social distancing, and rightfully received widespread condemnation. But a battle-tested mechanism to protect safety for airline passengers already exists and could be applied immediately to reduce passenger capacity—if only the Trump administration were willing to do it.

  • The Pipeline Setbacks Reveal the Perils of Rushed Agency Approvals

    • Jayni Foley Hein

    Recent groundbreaking legal and business decisions mark a turning point for longstanding advocacy against pipelines and other fossil fuel infrastructure. And while they don’t represent any sort of change of heart in the federal government, they can be understood as examples of the laws we already had on the books working—and working particularly well in the face of incompetence. They also serve as a harbinger of future costly outcomes, especially when agencies and project proponents cut corners rather than fully analyze environmental effects and engage the public in decision making.

  • This Is Not the Way to Move Beyond Net Metering

    • Burcin Unel
    • Justin Gundlach

    A mysterious group has asked the Federal Energy Regulatory Commission to kill net metering. FERC should say no – not because net metering should last forever, but because states, not the feds, have the tools needed to reform it.

  • Undoing the Regulatory Policies of the Trump Administration

    • Bethany A. Davis Noll
    • Richard L. Revesz

    In a recent essay, William Yeatman, a research fellow at the Cato Institute, takes issue with the central conclusions of our recent essay in The Regulatory Review, “Regulatory Rollbacks Have Changed the Nature of Presidential Power.” Yeatman’s discussion of our piece is flawed. Most importantly, he wrongly attributes to us the view that the Trump Administration “has been too effective in rolling back Obama-era rules.” The claim in our article is far narrower and very different.

  • Remote Work Is a Huge Opportunity for High-Impact Climate Policy

    • Jayni Foley Hein
    • Matt Butner

    The vanishing of the daily commute has brought to light the burden of cars and trucks on health and the environment. As an intentional effort to reduce greenhouse gas emissions, at low cost to society, policymakers and businesses should continue to encourage working from home for jobs that allow it, even after the coronavirus crisis has receded.

  • Trump Shows His Cards on Environmental Protections — or a Lack Thereof

    • Richard L. Revesz

    Looking at three proceedings, completed within weeks of one another, exposes the shameless analytic opportunism of the Trump EPA. The result is a slate of deregulatory actions that put thousands of lives at risk each year, cause serious adverse health impacts on many more, and impose net harms on the American people. A heedless commitment to dangerous deregulation is the only logic that explains its actions.

  • The Firm Administering the Coronavirus Rescue Considers Climate Risks in Its Ordinary Investments

    • Madison Condon

    Senate Republicans are worried that BlackRock could take climate change–related financial risks into account in making its securities purchase recommendations, as the firm has pledged to do when shaping its own investment strategies. If BlackRock is going to make the best decisions for American taxpayers, it must be allowed to assess these climate risks as it does for other clients.

  • States Are Facing a New Attack on Clean Energy, But They Can Evade It

    • Sylwia Bialek

    While states are right that new FERC rules will needlessly increase costs and be a drag on clean energy, they shouldn’t rush to exit electricity markets yet. States could meet their climate goals while retaining the benefits of markets by pursuing another option: carbon pricing.