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Articles
Rulemaking Developments in 2021
As the pandemic grinds on, 2021 brought rulemaking developments from all three branches. Newly inaugurated President Biden issued several directives in the early days of his presidency articulating this administration’s regulatory policy. Some of those directives have already seen court challenges. Many more are awaiting implementation and likely judicial review. In the meantime, several Trumpera rules were adjudicated. In Congress, three Trump-era rules were disapproved under the Congressional Review Act (CRA) and other regulation-related bills were introduced but not enacted.
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Articles
With the ACE Rule Cert Grant, Where Is the Court Headed?
“In the Courts” Column: At the end of October, the Supreme Court decided to take on the Affordable Clean Energy regulation, a case where it will be ruling entirely in hypotheticals.
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Articles
Climate Stumbling Blocks: Zombie Energy Laws, States, and the Path to Paris
With the dawn of the Biden Administration, there is renewed optimism that the U.S. will take steps to fulfill its responsibilities under the Paris Agreement and curb GHG emissions
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Articles
Presidential Transitions: The New Rules
The Trump administration was unusually aggressive in using an obscure set of tools to undo the Obama administration’s regulatory legacy.
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Articles
Instead of ‘Hot Summer’ for FERC, Commission Lands in Hot Water
“In the Courts” Column: The courts are paying attention to FERC and its analysis of need, climate impacts, and environmental justice (or lack thereof). A pair of decisions highlights a new era for the panel, even as the commission shifts priorities under President Biden.
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Articles
Last Term’s High Court Decisions Hint at an Incremental Strategy
“In the Courts” Column: As the new Supreme Court terms begins, environmental professionals are waiting to see if the justices, one third of them recent appointments, will take more aggressive steps in this area than they did last term.
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Articles
No Big News Yet From a Changed Court’s Environmental Docket
“In the Courts” Column: With the addition of Justice Amy Coney Barrett to the Supreme Court this term, environmental advocates are alert for inklings of how the Court’s new makeup will affect their work.
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Articles
Social Cost of Carbon Is a Case Study on Courts, Executive Orders
“In the Courts” Column: The Biden administration’s use of executive orders to make policy and direct agencies has already come under attack.
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Articles
Disorder in the Courts — More Than Usual Transition Upheaval
“In the Courts” Column: If past is prologue, as it often is in politics, the Obama-Trump transition can serve as a guide for what the new Biden administration can expect in its first few weeks and months.
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Articles
"Tired of Winning": Judicial Review of Regulatory Policy in the Trump Era
While prior administrations prevailed in approximately 70% of legal challenges to agency actions, the Trump Administration’s success rate was 23%.
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Articles
U.S. Domestic Climate Policy — Looking Forward
There are two broad categories of actions that the Biden administration can and seems likely will take to address climate change aggressively.
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Articles
Preparing for Climate Disasters
With new funding to reduce risks before calamity strikes, the Biden administration has an opportunity to ensure that state and local governments have the resources and capacities needed for effective mitigation projects that will meet multiple community needs.
