Climate The International Court of Justice’s Climate Opinion and What it Means for the US Analysis of ICJ’s opinion and its potential implications for U.S. climate policy. September 15, 2025
Clean AirDeregulatory ResourcesEndangerment Finding EPA’s Proposal to Eliminate the Endangerment Finding and Motor Vehicle Greenhouse Gas Regulations An analysis of EPA’s proposal and assessment of its legal risks and gaps. August 12, 2025
Administrative Law When Government Gets It Right: A Framework for Assessing When Agencies Deserve a Presumption of Regularity This presumption of regularity — the assumption that the government follows the rules and tells the truth — has attracted scrutiny in recent years. This paper offers a framework for assessing when the presumption applies. July 23, 2025
Deregulatory ResourcesFederal Policy Analysis Decoding Agencies’ New NEPA Procedures Review of the most important changes CEQ recommends and where they pull from previous CEQ rules. July 7, 2025
Federal Policy Analysis The Future of NEPA and Federal Permitting After Eagle County If agencies rely on Eagle County to justify sharply curtailing the NEPA process they may invite more delay due to increased litigation and other opposition. June 30, 2025
Clean AirClean CarsDeregulatory Resources Quick Take: Diamond Alternative Energy v. EPA A look at the decision, how this case ended up in the Supreme Court, and how California’s vehicle standards work. June 27, 2025
Clean AirDeregulatory ResourcesPower Sector EPA Proposes to Eliminate Power Sector Greenhouse Gas Emissions Regulations We look at the inconsistent arguments within the proposal and discuss the potential legal risks if EPA were to finalize a rule consistent with the proposal. June 23, 2025
Clean AirDeregulatory ResourcesPower Sector Trump Administration’s Proposed Repeal of the 2024 Updates to the Mercury and Air Toxics Standards (MATS) Analysis of the proposed repeal, including impacts to public health, use of continuous monitoring systems, the mercury emission standard, and more. June 20, 2025
Clean AirEnvironmental JusticeStudents Ethylene Oxide Emissions Standards for Commercial Sterilization Facilities A summary of EPA’s EtO final rule for sterilization facilities and the significance of regulating EtO emissions for fenceline communities, plus a look at current litigation and the anticipated effort to roll it back. May 28, 2025
