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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.
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Articles
Rulemaking Developments in 2020
Marked by a deadly pandemic and a consequential election, 2020 also produced a number of rulemaking developments, particularly in the courts. The Trump Administration continued to struggle in court in its final year, while it forged ahead with its own regulatory plans, grappled with calls for regulatory flexibility in response to the pandemic, and kicked off new initiatives. There was relatively little action on regulation in Congress, compared to previous years.