Environmentalists are understandably wringing their hands over the likely post-election demise of the Clean Power Plan, the Obama administration's rule to reduce greenhouse gas emissions from power plants, which are the nation's single biggest source of carbon emissions. But, with or without the Clean Power Plan (the Plan), the states hold the cards to a clean energy transition. 

Even if the fossil fuel interests intent upon perpetuating a profitable status quo end up dominating Congress and federal energy and environmental agencies, states will still have the power to steer the energy sector away from fossil fuels. By promoting renewable energy, like solar and wind power, and by promoting energy efficiency, states can and should lead the way. In so doing, they can transform the energy sector from a system that benefits vested fossil fuel interests and toward a sustainable infrastructure that benefits everyone through new …

Many Americans would likely be shocked to learn how lax government oversight of the manufacture and design of aircraft, such as airplanes and helicopters, has become. After all, any list of those areas of the economy that would seem to cry out for strict regulation would have to include aircraft production and maintenance, considering that when aircraft are defective or contain defective parts, the consequences are almost inevitably catastrophic and tragic. 

Yet, in a 2004 audit, Congress' nonpartisan Government Accountability Office (GAO) found that severe budget constraints had compelled the Federal Aviation Administration (FAA) – the agency charged with overseeing aircraft safety – to outsource to private parties nearly 90 percent of the work it is supposed to do to ensure that aircraft meet applicable safety requirements. In some cases, the private parties taking on these tasks are the manufacturers themselves, raising at least the appearance, if not the …

What does Steve Bannon – who, despite his well-documented racism, anti-Semitism, and misogyny, was appointed as president-elect Trump's senior counselor and White House strategist – have to do with a rarified and wonky policy exercise such as regulatory cost-benefit analysis? Unfortunately, a lot, as it turns out. 

From a serious policy perspective, the Trump administration's approach to governance remains terra incognita, and this is especially the case with its approach to implementing laws through regulations. So far, Trump has signaled that he has adopted the establishment Republican Party's line on opposing all regulatory safeguards across the board, putting the narrow interests of politically powerful multinational corporations ahead of working families and struggling communities. If and when he follows through, one of the things we can expect is that his administration will continue to subject new agency safeguards to a highly slanted and anti-regulatory test known as …

Ever since Richard Nixon's vice president, Maryland's own Spiro Agnew, described the nation's ink-stained journalists as "nattering nabobs of negativism," attacks on the media have been reliably base-pleasing material for conservative politicians. But Donald Trump is in a category all his own. For most pols, attacking the press is a way to deflect criticism. For Trump, it was a defining element of his candidacy. At his rallies, he kept the press corps literally penned up so that he could more easily invite his audiences to scorn them. He's continued the same media-hostile approach during the transition, despite an apparent expectation that he would somehow become normalized by virtue of his election. There's no reason to think he will change after he's inaugurated.

Last week was littered with examples of hostility. Trump had an off-the-record session with television news heavyweights in which …

We are about to experience a fifth major assault on the health, safety, environmental, and consumer protections that Congress put in place during the 1960s and 1970s, protections that most of us take for granted. And all indications are that this assault will be more intense and more comprehensive than any of the prior assaults on the governmental protections that shield our families and communities from the ravages of an unfettered free market. 

In my 2013 book, Freedom to Harm, I documented the first four assaults on federal regulatory protections by a dedicated group of trade associations, corporate lobbyists, think tanks, conservative foundations, and activist groups who were determined to return the American political economy to the laissez-faire benchmark of the late 19th century Gilded Age. 

The First Assault began during the last two years of the Carter administration and lasted well into the Reagan administration. Because …

Editor's note: This post was originally published on Environmental Law Prof Blog on November 10. While it was primarily written for environmental law students, it contains wisdom for everyone who cares about our environment and our natural heritage.

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"As a future environmental attorney, I'm confused and angry and sad. And as a human being, I'm equally as confused and angry and sad. A lot of us students are trying to process all of this today."

That was the beginning of an email that one of my students sent me yesterday. I think she speaks for a lot of us. So I thought it might be helpful to share a few thoughts, some but not all of them optimistic, about what we face going forward. I should say at the outset that I am writing for the benefit of readers who, like me, think environmental …

Hazy as they may be, we are all looking into our crystal balls, trying to envision what a Donald Trump presidency will mean for the world around us. The first glimpses we have of the future – Steve Bannon at Trump's right hand, Jeff Sessions as Attorney General, Michael Flynn as National Security Advisor – project something much darker and more insular than befits a nation whose arc of history is as progressive as ours. Of course, that arc is long and there have been many setbacks and struggles along the way. A Trump presidency will test us. Since November 8, I've witnessed family and friends, allies and colleagues vacillate between moments of despair and moments of inspired energy.

At CPR, we have set out to channel that tension and turn it into something useful. Beginning tomorrow with a post from Tom McGarity, CPR Member Scholars and …