Legal Analysis Is There Room for California in Clean Cars Regulations? The steps the Biden administration is taking to restore California’s waiver and explore how undoing the Trump administration’s Part I Rule raises complex legal questions. October 19, 2021
Legal Analysis Equitable Disaster Relief: An Analysis of FEMA’s Legal Authority to Integrate Equity under the Stafford Act The act’s discretionary function exception gives FEMA extraordinary flexibility in integrating equity considerations by shielding most FEMA rules, policies, and other decisions from judicial review. October 13, 2021
Legal Analysis State Wetlands Protections and Climate Change Adaptation: A Comparative Study of New York, Connecticut, and Rhode Island Wetlands provide critical ecological and social benefits to the Northeast United States. In addition to providing habitats for many plant and animal species and destinations for recreational activities, wetlands protect […] June 30, 2021
Legal Analysis Siting Renewable Energy on Public Lands: Existing Regulations and Recommendations An overview BLM’s 2016 Wind and Solar Rule, which created a comprehensive competitive bidding structure for renewable energy right-of-way leasing on public lands. May 13, 2021
US Regulatory Barriers to an Ambitious Paris Agreement Commitment Updated April 22, 2021 Today, President Biden announced a commitment to reduce national greenhouse (GHG) emissions 50–52% by 2030. This commitment will be part of the United States’ “nationally determined […] April 21, 2021
Legal Analysis Rolling Back DOJ’s Title VI Protections: Trump’s Abandoned Attempt and Potential Impacts on EJ Enforcement In January 2021, without any public input, the Trump Department of Justice (DOJ) prepared to issue a final rule eliminating the agency’s ability to enforce protections against discriminatory practices that […] April 16, 2021
Legal Analysis Implementing Sturgeon v. Frost: Changes to the Park Service’s Jurisdiction over Navigable Waters in Alaska A look at the decision, the final rule’s impact on NPS’s jurisdiction in Alaska, and what narrow regulatory opportunities remain for the Biden administration. April 5, 2021
Legal Analysis The Problems and Opportunities of Offshore Wind: Recommendations for Collaborative Governance Offshore wind farms are coming to the US. After decades of NIMBYism and a lethargic regulatory process, there are now two pilot projects in US waters and commercial-scale development on […] March 31, 2021
Legal Analysis Rethinking the “One National Program” for Clean Cars: Where Does the Biden Administration Go from Here? What legal questions the Biden administration will face in its review of the Part I Rule, and what options the agencies have moving forward. March 26, 2021
