Senate Update

Will environmentalists have any leverage in the Senate? Here are the races to watch.

Where are we in the battle to control the Senate? I’ve posted previously about eight key races. Here are the current predictions from two leading forecasters. In every case where both candidates for these Senate seats have LCV scores, the Democrat’s score is at least 40% better than the Republican’s, and often the disparity is […]

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What Hath FERC Wrought?

FERC’s GOP majority has taken a swipe against renewable energy. It might work, or it might backfire.

At the end of June, in a vote divided along partisan lines, FERC handed down a sweeping order that will impact electricity markets in a wide swath of the country. — likely at the expense of renewable energy and nuclear power. Unfortunately, like Trump’s power plant bailout, the result may be to delay the closing […]

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Public Lands Watch: NEPA Regulations

Administration asks for ideas about how to revise regulations implementing NEPA

A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities.  Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA).  NEPA, in short, requires the federal government to thoroughly analyze significant […]

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What Kind of Conservative is Kavanaugh?

Half a dozen observations on our (probably) soon to be junior Justice.

I wanted to add a few words about Kavanaugh in light of Ann Carlson’s excellent post a few minutes ago. No doubt we’ll be seeing more about his views after people have had time to read his opinions and some of his law review writing. But there are a few points I would add after […]

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Judge Brett Kavanaugh’s Record on the Environment

He’s highly conservative but has acknowledged the seriousness of climate change

Judge Brett Kavanaugh, Donald Trump’s choice to replace Justice Anthony Kennedy, has been pretty staunchly conservative in his environmental rulings on the D.C. Circuit Court of Appeals in the last 12 years. He voiced serious skepticism about the validity of the Clean Power Plan during oral arguments on the case in 2016. He struck down […]

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UCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case

Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists

Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction.  Congress viewed species extinction as an urgent threat requiring urgent, decisive action.  The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species.  While the Act has been controversial, and characterized […]

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Safeguarding Climate Policies

There are several strategies for insulating climate policy from leaders like Trump.

Trump’s election was a surprise. What should not be a surprise is the inevitability of political setbacks for climate policy. We saw that in the U.S. with the shift from Clinton to Bush and then from Obama to Trump. We also saw that in Australia where it meant the repeal of a promising emissions trading […]

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Hot Enough Yet?

Apparently not.

Two weeks ago, my family vacation took us past the self-proclaimed “world’s largest thermometer,” in Baker, California, which read 111 degrees when we visited it–the hottest air temperature my kids had ever felt.  Back at UCLA we’re feeling the heat today, too, with much of the LA basin scorching in record temperatures.  L.A.’s heat wave […]

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My Two Cents About the Pruitt Resignation/Firing

Good Riddance Even if He Was a Potent Symbol of the Swamp

Dan and Sean have already expressed their views about today’s announcement that Scott Pruitt is out as EPA Administrator. I thought I’d add mine as well.  Scott Pruitt was a  potent symbol of corruption, the ultimate swamp creature who made laughable his boss’s claim that he would come to Washington and drain the swamp. And […]

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Quick Thoughts on Scott Pruitt resignation as EPA Administrator

Deputy Administrator Andrew Wheeler, Former Coal Lobbyist, to Serve as Acting Administrator

As Dan Farber just pointed out, President Trump announced minutes ago via Twitter that Scott Pruitt is (finally) stepping down as Administrator of the US Environmental Protection Agency.  Deputy Administrator Andrew Wheeler, a former lobbyist for the coal industry, will serve as Acting Administrator pending confirmation of a new Administrator.  I have a few quick […]

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NEWSFLASH: Pruitt Resigns

Under pressure, Pruitt finally exits EPA.

President Trump tweeted today that he had accepted Scott Pruitt’s resignation and appointed Robert Wheeler as Acting Administrator of EPA.  Wheeler is likely to be just as bad on policy and could well be more competent and effective than Pruitt. But Pruitt was a disgrace to the office, and it is good to see him […]

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