Late last night, the Washington Post reported that Secretary Ryan Zinke had recommended making changes–by downsizing and/or by loosening restrictions–to a total of 10 national monuments. The list of monuments goes beyond what had been reported last month. The Post released a leaked copy of Zinke’s recommendations that were submitted to President Trump on August […]
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 […]
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 […]
Zinke’s review has been anything but transparent
Last Thursday, Secretary Zinke submitted a report to President Trump, recommending changes to national monuments. Although Trump’s Executive Order in April called for a “final report” within 120 days–the deadline was Thursday–the Interior Department’s press release called the report a “draft.” And as Holly Doremus explained on this blog, it has still not been made […]
Secretary Zinke announced that his Department has submitted its review of national monuments to the President, but he’s not ready to let you and me see it
Today, the Department of Interior announced that it had sent to the White House its report of the review demanded by an April Executive Order of national monument designations under the Antiquities Act over the last 20 years. In an ordinary world, I would have expected that announcement to be accompanied by a link to […]
Interior Department repeals Obama Administration reforms to the prices paid by energy companies for public oil, gas, and coal resources
The Office of Natural Resources Revenue (ONNR) of the Interior Department published a final rule in the Federal Register earlier this week on August 7th, 2017, that the Department is repealing the “Consolidated Federal Oil & Gas and Federal & Indian Coal Valuation Reform Final Rule.” The 2017 Valuation Rule was published on July 1, […]
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 […]
States and cities can do a lot to push back against Trump, but they do face some legal challenges.
In the Trump era, what avenues are open to state and local governments to use self-help to protect the environment? I’ve posted before about the opportunities for state and local governments taking action to protect their own environments. (here and here). Perhaps the most important recent development is the extension of California’s cap-and-trade program to […]
The potential impact of a Trump Administration on our federal public lands.
The federal government owns almost one-third of the land in the United States, primarily concentrated in the Western states. In addition, the federal government is the primary manager of the oceans off the coast of the United States (with the exception of oceans within three miles of the coastline, which are primarily under state authority). […]
Congress Should Ensure that Money Is Available to Address Pollution on Public Lands
In recent legal battles, the State of Utah has rarely sided with the environment. It is a significant moment, therefore, when Utah files a lawsuit aimed to force polluters to pay for contamination they have caused, as it did last week when it sued mine owners and contractors for the EPA related to the Gold […]