Mike Burger

Executive Director @SabinCenter. Long-time bike commuter, now I go in circles in Prospect Park. Native New Yorker. he/him. Caveat emptor.

[Mike Burger @ProfBurger]

If ever there was a case to win on this theory, this is it.

[Mike Burger @ProfBurger]

The @nytimes reports Trump has directed a broad policy of non-enforcement of federal rules. Citing to Heckler v. Cheney, a SCOTUS decision from 40 years ago, the article reports that non-enforcement decisions may be unreviewable by courts. Not exactly.
https://t.co/c26J9veHYf

[Mike Burger @ProfBurger]

Importantly, Heckler leaves open the door for judicial review "where it could justifiably be found that the agency has 'consciously and expressly adopted a general policy' that is so extreme as to amount to an abdication of its statutory responsibilities."

[Mike Burger @ProfBurger]

Trump administration is 0-1. Many more losses on the way

[Mike Burger @ProfBurger]

"If there’s an energy emergency...then you would want to produce energy, including wind and solar energy ... It’s such a clear and obvious inconsistency that it lays bare what’s really driving this, which is fossil fuel interest.” @chlobo_ilo
@Inc
https://t.co/yiNrGdFTqz

[Mike Burger @ProfBurger]

I'm doing it - making the move to BlueSky. You can find me there under the handle @profmikeburger.bsky.social

[Mike Burger @ProfBurger]

In a major decision MT Supreme Ct affirms fact and law findings in Held v. Montana: Climate change is real, emissions attributable to MT are a cause, state law that bans GHG analysis in setting energy policy violates plaintiffs' environmental rights. See: https://t.co/6e03AtUn3g

[Mike Burger @ProfBurger]

To those reporting on Elon Musk and Vivek Ramaswamy's so called "Department of Government Efficiency" - this would be, if it operates in any official fashion, a federal advisory committee subject to the reqts of federal law (FACA). Public Citizen explains

https://t.co/w33yNpi3Af

[Mike Burger @ProfBurger]

Digesting decision from the Hague Court of Appeals this morning, in Milieudefensie v. Shell, which reversed lower court and held (a) yes Shell has an obligation to reduce Scope 3 emissions but (b) court does not have a basis to determine by how much:

https://t.co/gGT4vMq7mV

[Sabin Center @SabinCenter]

🌍 ⚖️ 🌱 We are disheartened by the #USelection news. The @SabinCenter is as committed as ever to carrying out our work: developing legal tools, engaging w/ agencies & courts, and training the next generation of lawyers to combat the #climatecrisis. @MichaelGerrard @ProfBurger

[Mike Burger @ProfBurger]

Chevron is dead. Loper-Bright reigns. The opinion grants judges hearing cases brought by individuals - companies/states/NGOs - power to overrule agency decisions made via public processes just by calling them legal rather than policy, factual or technical decisions. Impact TBD

[Mike Burger @ProfBurger]

A significant contribution from @amyturner on how cities can get at emissions from freight vehicles

[Amy Turner @amyturner]

Today I published a new @SabinCenter white paper: Cities, E-commerce & Public Health: 3 Legal Pathways to Limiting Freight Vehicle Emissions.

In it I explore 3 emerging tools: drayage truck rules in CA’s ACF; indirect source rules; & Z-E delivery zones. https://t.co/Ch3S08ytf5

[Mike Burger @ProfBurger]

Rather than defer to EPA's expertise in the fact-intensive, technically-complex area of interstate air pollution the majority credits an incomplete, untimely argument that EPA has refuted and gives States resistant to regulation a fast track to interlocutory review by the Court

[Mike Burger @ProfBurger]

In the first big decision of the day, a #SCOTUS five-justice majority in Ohio v. EPA creates a new end-run around longstanding presumptions and standards in judicial review of federal agency action, and stays EPA's Good Neighbor Plan
https://t.co/VOt6kbVwcE

[Mike Burger @ProfBurger]

Very happy to share these two outstanding reports on #climate, #PublicHealth, human health and international law - the first from @jess_wentz is a survey across multiple domains, the latter from @amaruthfrancis and Julia Neusner hones in on displacement, migration & mobility

[Sabin Center @SabinCenter]

🚨🌏 📈 The @SabinCenter published two NEW reports on the connection between #climatechange, health impacts, and State obligations under #internationallaw.
Blog post ➡️https://t.co/X0XwV6B0Rr 
Full papers: 
1️⃣ https://t.co/1jpVum31k5 2️⃣https://t.co/rHjztrTlAp
@ColumbiaClimate

[Mike Burger @ProfBurger]

SOCTUS granted cert in Seven County Infrastructure Coalition v. Eagle County, Colo., teeing up a major environmental case for next term, which could have signficant consequences for how federal agencies assess climate change in environmental reviews:
https://t.co/4zPCleanFz

[Sabin Center @SabinCenter]

⚖️🏢📑Today, the @SabinCenter filed an amicus brief, emphasizing the role that local governments play in reducing GHG emissions statewide & the chilling effect that a lack of certainty about preemption by the CLCPA could have on local climate policies. ⤵️https://t.co/O7z4Ik2RVH

[Mike Burger @ProfBurger]

This is it, in a nutshell, from a clear-eyed ⁦@SominiSengupta⁩ https://t.co/T6z9cwdkfw

[Mike Burger @ProfBurger]

Big decision: UK Supreme Court holds that environmental impact assessments for new fossil fuel extraction projects must account for downstream - “scope 3” - emissions. This brings UK law in line with intl law, and with the clear trend in courts worldwide. https://t.co/XJlZzGXEtW