My article has escaped SSRN’s ‘under review‘ purgatory, so I’m promoting it again. Forgive me, but I think that 1) it‘s good & 2) you should read it. Also, it’s short! If you think articles should be shorter, be the change you wish to see in the world and read this. papers.ssrn.com/sol3/papers....
It Gets Better* *In the sense that a certain amount of worse is already baked in and we don’t exactly how much but we do know that we can definitely bake in even more and so, if we stop baking in more, the future will be better than the alternative future in which we don’t stop baking in more
Madison Condon@madisoncondon.bsky.social · 4d agothe unfortunate thing about climate change is that we did certainly fail by some measures (to keep under 1.5 or even 2 I would say) but it always gets worse so long as we're burning fossils so never too late to stop that
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
Center for Progressive Reform@progressivereform.bsky.social · 4mo agoThe climate scenario RCP 8.5 is unfairly understood as "misleading," "controversial," or deceptive. This is unfortunate, write @madisoncondon.bsky.social and @vsrikrish.bsky.social — even if its predicted emissions are unlikely, it's incredibly useful for all kinds of climate modeling
i'm not using legislative history. please don't put in the newspaper that I'm using legislative history.
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?...
SNEAK PEEK of FLOYD COLLINS, coming to Broadway this spring!
YouTube video by Lincoln Center Theater
youtu.be
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."
PM2.5 Kills ~9 Million People Each Year Worldwide@tkovach.bsky.social · 7mo agoThe "administration contends that these estimates are doubtful and said the E.P.A. would no longer take health effects into account in the cost-benefit analyses necessary for clean-air regulations, according to the documents. Instead, the agency would estimate only the costs to businesses."
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...
E.P.A. to Stop Considering Lives Saved When Setting Rules on Air Pollution
nytimes.com
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-...
Every Court Everywhere All at Once
Rulemaking agencies have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their risk of getting sued. They do now, thanks to...
yalelawjournal.org
"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."
Every Court Everywhere All at Once: <i>Ohio v. EPA</i> and the Litigation Multiverse
Agencies issuing rules have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their r
papers.ssrn.com
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....
Justifying Redistributive Regulations
<p><span>Conventional cost-benefit analysis asks whether a regulation’s total benefits exceed its total costs but not whether those benefits and costs are distr
papers.ssrn.com
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.
Associate Counsel, Strategic Legal Advocacy
Earthjustice is looking for an early-career attorney to join the Strategic Legal Advocacy team as an Associate Counsel.
earthjustice.org
MANY CONGRATULATIONS to @madisoncondon.bsky.social for winning (one of) the ALI Early Career Scholars Medal!!! www.ali.org/news/article...
Early Career Scholars Medal Winners Announced
ali.org
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....
Every Court Everywhere All at Once: <i>Ohio v. EPA</i> and the Litigation Multiverse
Agencies issuing rules have always faced the risk of getting sued. But they have not traditionally faced the risk of getting sued for failing to discuss their r
papers.ssrn.com
Thinking about this one and getting a stomach ache harvardlawreview.org/print/vol-13...
The Endgame of Administrative Law: Governmental Disobedience and the
Scholars of administrative law focus overwhelmingly on lawsuits to review federal government action while assuming that, if plaintiffs win such lawsuits, the government will do what the courts say.
harvardlawreview.org
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...
Supreme Court Allows E.P.A. to Limit Power Plant Emissions
It was a provisional victory for the Biden administration, whose climate initiatives have been stymied. A challenge to the rule at issue is still moving through a lower court.
nytimes.com
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:
Should You Trust Zillow’s Climate Risk Data?
It’s flawed, but not worthless. Here’s how you should think about it.
heatmap.news
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)
