New to SSRN (and forthcoming in the Virginia Environmental Law Journal this fall): The Judicial Sidelining of Cost-Benefit Analysis. papers.ssrn.com/sol3/papers....

people may have noticed that @vsrikrish.bsky.social and I worked ourselves into a real tizzy last month over something called "RCP 8.5." Thank you to @progressivereform.bsky.social for giving us space and words to explain why! TLDR: RCP8.5 is totally useful and not deceptive or misleading actually

One of these things is not like the others

i'm not using legislative history. please don't put in the newspaper that I'm using legislative history.

Things that make you go hmmm?

Everything is depressing except this Floyd Collins clip I made my Property students watch after we discussed Edwards v. Sims. The case is a fight over ownership of a cave. The clip is a gorgeous ode to first possession. youtu.be/0_2WVfmNN4g?...

one defense of CBA has always been that it forces admins to be explicit about their values.... "Over the past four decades, Republican and Democratic administrations have used different estimates of the monetary value of a human life... But until now, no administration has counted it as zero."

I love that the justification for assigning zero quantitative value to health benefits is that they're uncertain. Because there's obviously no uncertainty on the compliance-cost side of the ledger. No need to worry about "false precision" there. www.nytimes.com/2026/01/12/c...

Out now in the Yale Law Journal Forum: "Every Court Everywhere All at Once," in which I try to make the phrase "multiversal forum shopping" happen. www.yalelawjournal.org/forum/every-...

"In Ohio v. EPA, the Court faulted the agency for not adequately grappling, at the time of rulemaking, with at least some subset of the millions of alternate futures that judicial intervention could create." @jacklienke.bsky.social "explores its troubling implications for future rulemaking."

Very happy to see my article Justifying Redistributive Regulations achieve its final form in the Michigan Journal of Law Reform! papers.ssrn.com/sol3/papers....

Would like to take this Earth Day to issue final warning to all birds with feather-covered beaks. Looks weird; cut it out. You’ve been warned. (Pictured: great eared nightjar; Great Potoo)

In re: absolutely nothing going on in the world: The SLA team at Earthjustice is looking for an early-career attorney to join us as an Associate Counsel. DC preferred. 1-5 years of experience including any clerkships. Salary is based on experience; range is $106,400-$125,300 in DC.

Quite the arc

MANY CONGRATULATIONS to @madisoncondon.bsky.social for winning (one of) the ALI Early Career Scholars Medal!!! www.ali.org/news/article...

I'm thrilled to share that Every Court Everywhere All at Once--my essay on last summer's weirdest admin decision, Ohio v. EPA--is now forthcoming in the Yale Law Journal Forum. papers.ssrn.com/sol3/papers....

Thinking about this one and getting a stomach ache harvardlawreview.org/print/vol-13...

Remember when the political news was mostly boring for a few years? That was nice.

I’m old enough to remember law profs and journalists struggling in 2016 to identify any precedent for SCOTUS’s emergency stay of the Clean Power Plan. Eight years later, it’s major news when the Court *doesn’t* cut the D.C. Circuit in line to block an EPA rule. www.nytimes.com/2024/10/16/u...

Zillow users will soon see a “climate risk” rating for each home. The ratings are potentially a big deal and could shape buying decisions. But are they accurate? And if not, how should home buyers think about climate risk? I spoke with @madisoncondon.bsky.social and @michaelwara.bsky.social:

Hard look review, post-Ohio v. EPA:

Delighted to share – several months late – that my article Justifying Redistributive Regulations will be published later this year in the Michigan Journal of Law Reform and that the current draft is up on @ssrn.bsky.social: papers.ssrn.com/sol3/papers....

I can’t quite believe it, but today is my last at NYU Law’s Institute for Policy Integrity. Working at Policy Integrity for the past decade (!) has been a privilege and a joy. I grew up here as a lawyer, and I’ll sorely miss the kind and talented colleagues and students who’ve taught me so much.

⚖️CA5 just upheld NASDAQ's comply-or-explain board diversity rule and I gotta tell you the part of the opinion I find interesting is this one - bc it's gonna be important for climate change disclosure (if and when that ever happens): (got it from bloomberg; opinion doesn't seem to be on the web yet)