Federal Climate Policy

Renewables and Republicans in the Rustbelt

Republican Governors in Ohio and Michigan have given support to renewables. Indiana, not so much.

When people think of the rustbelt, they think of places like Cleveland, Gary, and Detroit.  Ohio, Indiana, and Michigan form a cluster of states under solid Republican control, Republicans controlling the governor’s mansion and both houses of the legislature. All three states went for Trump, with varying margins. The three states also have commonalities in […]

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News Flash: 10th Cir. Rebukes Government Over Coal Leases

Today’s important ruling on standing, public lands, and climate change

In an important ruling this morning, the Tenth Circuit rejected the government’s assertion that it could ignore carbon emissions tied to renewing coal leases. In WildEarth Guardians v. BLM, the court also rejected the mining company’s attack on the standing of environmental groups to raise this claim.The mines in question are in the Powder River […]

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State of Play: Trump v. the Environment

Here’s a roadmap to what he’s done — and how things will probably unfold.

How has Trump impacted environmental law? What’s going to happen next? CLEE has issued a new report assessing the state of play in environmental law seven months of the Trump presidency. The report, 200 Days & Counting, reviews the Administration’s environmental proposals and offers a glimpse into what may be coming down the pike. The report focuses […]

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The ostrich administration

Ostriches actually don’t hide their heads in the sand, but the Trump administration sure wants to

It’s a myth (of course) that ostriches hide their heads in the sand when they’re afraid. Hiding one’s head is about the worst possible way to react to danger: it won’t make a threat go away, but it will make it awfully difficult to respond effectively. Ostriches are not that stupid. (They apparently do sometimes […]

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200 Days & Counting: Environmental Threat Assessment

The Trump Administration presents a barrage of threats to the environment. Which threats are worst?

This is the last in our series on the state of play concerning U.S. environmental protection at this point of the Trump Administration. We can classify threats along three dimensions: the likelihood of harm, the seriousness and irreversibility of the harm, and the irreversibility of the institutional or legal change. Here’s an assessment of our […]

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200 Days & Counting: Pollution and Climate Change

Trump and Pruitt want to take an ax to EPA regulation. That will be harder than they think.

Rolling back EPA regulations is one of the Trump Administration’s priorities. The most notable example is Obama’s Clean Power Plan, which aimed to cut CO2 emissions from power plants. The other rule that has gotten considerable attention is the so-called WOTUS rule, which defines federal jurisdiction to regulate wetlands and watersheds. But these are not […]

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Setback for EPA in Regulating Gases with High Global Warming Potential

DC Circuit vacates 2015 rule on HFCs

Today, the D.C. Circuit Court of Appeals vacated a 2015 EPA rule targeting the use of hydrofluorocarbons (HFCs), a class of potent greenhouse gases that are used as refrigerants and propellants for a variety of purposes as a substitute for ozone-depleting chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs). The court’s decision is a setback for President Obama’s […]

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Guest Blogger Gregory Dotson: Is Scott Pruitt Calling for an Amendment to the Clean Air Act?

EPA Administrator Resorts to Misleading Rhetoric in Possible Prelude to Revisiting Massachusetts v. EPA

Since he was confirmed to lead the U.S. Environmental Protection Agency six months ago, Administrator Scott Pruitt has relied on three points when discussing the issue of climate change. He has cast doubt on the science by claiming it’s difficult to know the human role “with precision.” He has questioned the ability of the agency […]

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When Trump’s Name is Forgotten, His Carbon Will Remain

Much of the carbon from his policies will remain in the atmosphere for centuries.

Given Trump’s desire to increase the use of fossil fuels, it’s no surprise that his presidency will result in increased carbon emissions.  Some of the carbon will remain in the atmosphere for centuries, an enduring monument to his presidency and his rejection of scientific facts. Before the election, I took a stab at estimating that impact, based […]

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Trump Administration Seeks Ninth Circuit Review in Pioneering “Atmospheric Trust” Case

U.S. District Judge Has Denied Government’s Effort to Dismiss Cutting-Edge Public Trust/Climate Change Case

Back in August 2015, I blogged on a then newly-filed federal lawsuit in which a coalition of children and their legal guardians sued the federal government to challenge the government’s proposed approval of a controversial liquefied natural gas (LNG) terminal proposed to be located on the Oregon coast.  That lawsuit contends that approval of the project would […]

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