Cary Coglianese

Two Penn legal experts discuss the strategy behind EPA’s rescission of the Endangerment Finding and the court challenges ahead. --- On February 12, the U.S. Environmental Protection Agency formally rescinded the endangerment finding, the 2009 determination that established the legal basis for federal regulation of greenhouse gas emissions. For 16 years, that finding has underpinned EPA climate policy, reflecting the agency’s conclusion that greenhouse gases pose a threat to human health and that, under the law, it was required to regulate them. The move represents a major shift in federal climate policy. But agencies cannot simply reverse themselves without making a legal case that can withstand court review. Cary Coglianese of the University of Pennsylvania Carey Law School and Shelley Welton of the Kleinman Center and Penn Carey Law examine the legal rationale behind the rescission and how it draws on recent Supreme Court decisions that have narrowed federal agency authority. Rather than disputing climate science, the EPA’s argument rests on a more limited reading of its powers under the Clean Air Act. Welton and Coglianese explain how that argument fits within the Court’s evolving approach to administrative power, and what it could mean for the future of federal climate regulation. Cary Coglianese is Director of the Penn Program on Regulation at the University of Pennsylvania Carey Law School. Shelley Welton is Presidential Distinguished Professor of Law and Energy Policy with the Kleinman Center and Penn Carey Law. Related Content Policy Design Issues for Border Carbon Adjustments https://kleinmanenergy.upenn.edu/research/publications/policy-design-issues-for-border-carbon-adjustments/ Boomtowns in the Battery Belt: Risks and Opportunities of Clean Energy Investments in Small Towns of America https://kleinmanenergy.upenn.edu/research/publications/boomtowns-in-the-battery-belt-risks-and-opportunities-of-clean-energy-investments-in-small-towns-of-america/ Energy Policy Now is produced by The Kleinman Center for Energy Policy at the University of Pennsylvania. For all things energy policy, visit kleinmanenergy.upenn.edu.See omnystudio.com/listener for privacy information.

Cary Coglianese, a law professor at the University of Pennsylvania and director of the Penn Program on Regulation, joins the discussion on the transformative aftermath of the Supreme Court's decision on the Chevron Doctrine. He unveils how the Loper Bright case has drastically reshaped regulatory practices, leading to a stunning 84% invalidation of agency rules. The conversation explores the implications for net neutrality, labor laws, and the strategic dismantling of Biden-era regulations by the Trump administration, raising questions about the future of administrative authority.

Cary Coglianese, a regulation expert and professor at the University of Pennsylvania, shares insights on President Trump's push to fire independent agency officials. Jon-Jorge Aras from Aras Law discusses the administration's retreat from aggressive crypto enforcement, highlighting a shift in focus to more pressing issues. Justin Wise, a Bloomberg Law reporter, addresses the struggles faced by government lawyers in court, especially regarding wrongful deportation cases and ethical dilemmas in the Justice Department.

Cary Coglianese, the Edward B. Shils Professor of Law and Political Science at the University of Pennsylvania, dives into the intriguing world of AI in public enforcement. He discusses the shift in AI regulation from rigid 'guardrails' to more flexible 'leashes' that embrace innovation while ensuring safety. Coglianese addresses the balance of AI's efficiencies against ethical standards, highlighting the necessity of human oversight and the implications of recent regulatory developments, including the EU's Digital Markets Act.

Cary Coglianese, a law professor and regulatory expert from the University of Pennsylvania, discusses the implications of Trump's recent executive order empowering the president over independent agencies like the SEC. Steven Church, a Bloomberg bankruptcy reporter, dives into Johnson & Johnson's attempt to navigate thousands of lawsuits through bankruptcy. The conversation reveals concerns about agency autonomy and the complexities facing victims of corporate decisions, especially as J&J seeks a $9 billion settlement amidst ongoing legal battles.