In the News

The White House on Thursday will introduce the first major changes to the nation’s benchmark environmental protection law in more than three decades. Richard L. Revesz, a professor of environmental law at New York University, said he did not believe the changes would hold up in court. In fact, he argued, it is more likely that federal agencies will be sued for inadequate reviews, “thereby leading to far longer delays than if they had done a proper analysis in the first place.”

The Trump administration said the decision to exit the Paris agreement was made because of its “unfair economic burden” on the U.S. economy. These dire predictions about the costs of addressing climate change have been a mainstay of the administration’s rhetoric since its beginning. Yet at times when it was convenient to take the opposite position, the administration has argued that climate regulations in fact impose no costs on the economy. These contradictory efforts have been used to protect the coal industry at the expense of the American people

The agency will curtail its reliance on animal testing, putting public health at risk.

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.

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.

A recent government report predicts dire consequences from climate change. That complicates efforts to weaken environmental laws.

The tumultuous state of US environmental regulation during the Trump administration was implicit in the title of the 10th anniversary conference of NYU Law’s Institute for Policy Integrity: “Energy and Environmental Policy: The Quest for Rationality.” But when environmental policy experts convened at the Law School in late September, the two keynote speakers, both seasoned veterans of regulatory battles, articulated reasons for cautious optimism.

“This report will be used in court in significant ways,” said Richard L. Revesz, an expert in environmental law at New York University. “I can imagine a lawyer for the Trump administration being asked by a federal judge, ‘How can the federal government acknowledge the seriousness of the problem, and then set aside the rules that protect the American people from the problem?’ And they might squirm around coming up with an answer.”

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.

Speaking Friday at the Institute for Policy Integrity’s 10th anniversary conference at the New York University School of Law, McCarthy ticked off a long list of environmental policies that frustrate her. Some of her complaints: Climate science has been scrubbed from government websites; the administration is changing how it calculates the benefits of slashing greenhouse gases; and President Trump has said he’ll exit the Paris climate accord.