This Week in Regulation

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States sue EPA over air pollution, the Ninth Circuit strikes down the third version of the Trump Administration’s travel ban, and more…

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  • In a paper, Rebecca Bratspies of the City University of New York School of Law argued that, because there has been a “retreat” from environmental regulation at the federal level, state and local governments will implement their own environmental regulations. Bratspies highlighted the steps that New York City is taking to combat climate change, including an effort to publicize data about the City’s carbon footprint and regulations aimed at limiting the use of heating oil.
  • In an article for the University of Hawai’i Law Review, Jack Harrison, a professor at the Northern Kentucky University Chase College of Law, discussed the issue of transgender bathroom access. Harrison outlined the emergence of regulation to create “sex-separation” in restroom facilities and the developing body of law protecting the rights of access for transgender persons to restroom facilities, arguing that the Supreme Court should “expand the understanding of prohibited discrimination on account of ‘sex’ under Title VII and Title IX to include transgender persons.”
  • In an article for The New York Times, Winnie Hu examined whether New York City, in an effort to combat traffic, should charge customers of ride-sharing companies like Uber an extra fee for riding in Manhattan. New York Governor Andrew M. Cuomo (D) may propose this “congestion pricing plan” in January. Hu noted that other cities like Seattle, Portland, and Chicago have implemented similar charges for ride-sharing customers, but she also observed that customers are “wary of another fee.”