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Building Better Building Performance Standards

Policymakers at the local, state, and federal levels are increasingly turning to building performance standards (BPSs) to reduce buildings’ contributions to climate change. A key question in designing BPSs is what “metric” the standards should use to gauge a building’s performance. This Comment provides general background information on the case for regulating energy use in buildings, reviews the two general categories of metrics in existing BPSs and explains why an energy efficiency-based standard is superior to a greenhouse gas-based standard, and highlights the findings from a study of N

Governing the Gasoline Spigot: Gas Stations and the Transition Away From Gasoline

Gas stations are America’s largest carbon spigot, a leading source of neighborhood-based pollution, and a sacred cow. This Article takes a comprehensive look at gas stations through the lens of the climate crisis and the rise of electric vehicles, and proposes steps to improve and shrink the country’s gas station network in an environmentally and fiscally prudent manner. It argues that state and local government should regulate gas stations to advance their climate goals, reduce pollution of air, soil, and groundwater, improve public health, and save taxpayers money.

Safeguarding Against Distortions of Scientific Research in Federal Policymaking

The appropriate use of science in policymaking depends upon integrity in scientific research and in the ways in which that research is communicated and applied throughout the policymaking process. On May 22, 2019, the University of California, Irvine School of Law’s Center for Land, Environment, and Natural Resources (CLEANR) and the Center for Science and Democracy at the Union of Concerned Scientists (UCS) convened a roundtable that brought together leading scientists, scholars, advocates, and policymakers to explore potential safeguards to protect scientific research and its use in feder

How President Trump's War on Science Undermines Cost-Benefit Analysis of Climate Policies

This Article discusses the Trump Administration’s main actions to undermine the role of science in public policy and the consequences for cost-benefit analysis involving climate change policies. It analyzes the specific attacks on science and their impact on relevant policies, namely, the rollbacks of the Clean Water Rule, the pesticides ban, the Clean Air Act, and the Clean Power Plan, as well as modification of the National Environmental Policy Act and regulations promoting fuel efficiency, and the flexibilization of environmental enforcement during the COVID-19 pandemic.