In the News

“At a time when more than 100,000 Americans have died from Covid and we know about this connection, the Trump administration is going to put in place some analytical techniques that will make it easier for them to kill more Americans,” said Richard Revesz, an expert on environmental law at New York University. Mr. Revesz and others said the change also defies the intent of the landmark Clean Air Act of 1970.

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.

Richard Revesz of NYU’s School of Law and director of the Institute for Policy Integrity filed the amicus brief on behalf of Maryland and Delaware. He said the ruling made clear the EPA is obligated to prevent states from harming the air quality of their neighboring states when emissions travel downwind and “can’t cite cost as a reason to ignore the law altogether.”

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.

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.

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.

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.

The Trump administration’s recent rollback of Clean Car Standards relies on a significant number of obvious analytical flaws and provides a textbook example of the type of “arbitrary and capricious” conduct prohibited by the Administrative Procedure Act.

“Accepting the administration’s own numbers—and some of them are highly suspect, and most are just wrong, but accepting the numbers upfront—the rule is net costly,” Richard Revesz, the Lawrence King Professor of Law at NYU, told me. He is director of the university’s Institute for Policy Integrity. “This rule is actually causing deaths, even under their analysis.”

The Trump administration significantly weakened the most important existing regulation limiting planet-warming greenhouse gas emissions: the “Clean Car Standards,” which were also set to save consumers billions of dollars by making new cars and trucks use less fuel. If the administration’s track record is any indication, the courts are likely to see through the manipulation involved. But in the meantime, the end result will be substantial economic, climate, and public health harms.