Trump Administration
The Decline and Fall of the “Regulatory Czar”
Now, the office doesn’t even have a home page, and its boss is lawyer who faces possible disbarment.
OIRA, the White House Office of Information and Regulatory Affairs, was known as “the most powerful agency you’ve never heard of. That was only three years ago. Under Trump, however, OIRA seems to have become a minor subdivision of the Office of Management and Budget run by Russell Vought. The main purpose of the office was to oversee the use of cost-benefit analysis by regulatory agencies. The Trump Administration has all but abandoned this analytical tool by refusing to quantify regulatory benefits, so it’s now cost-benefit analysis. As a result, OIRA seems to be adrift. One sign of this declining importance is that it’s hard to even find the name of the person running the office.
CONTINUE READINGAnother White House Assault on Federalism
Trump’s Executive Order about rebuilding in LA is a huge federal power grab.
esterday, Trump issued an executive order that attempts to eliminate the need for building permits in the LA burn area. The argument is that the permitting process this slows down the rebuilding that FEMA grants are supposed to assist. he idea seems to be that whenever Congress choses to subsidize an activity, it authorizes agencies to eliminate all state regulations that might be barriers. Supreme Court opinions are full of admonitions against just this kind of assault on state authority, especially in fields like building permits that are a traditional domain of state and local government. And no, this isn’t an area where the President can rely on the Supreme Court’s conservatives. As much as they seem to like presidential authority, the conservative Justices have also shown a strong attachment to federalism.
“OFF WITH THEIR HEADS!”
Trump’s new wildfire Executive Order purporting to pre-empt state and local permitting is the latest insanity emanating from the White House.
The Mad King strikes again, or at least is claiming to: President Trump has announced an executive order to allow victims of the Los Angeles wildfires to rebuild without dealing with “unnecessary, duplicative, or obstructive” permitting requirements…. The order calls on the Secretary of Homeland Security and the Federal Emergency Management Agency to “preempt” state …
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CONTINUE READINGThe Trump Administration is Squandering Our Natural Heritage
Proposed Endangered Species Act regulations are designed to stifle protections and provide developers even more power.
The world’s ecosystems have been subject to an increasingly dangerous cocktail of stressors from land and ocean over-development, invasive species, and pollution. But rather than stem the tide of these harms, the Trump administration has resurrected several regulatory changes to the Endangered Species Act designed to stifle species’ protections and provide land developers even more power to …
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CONTINUE READINGWant to Fight for Science? Look to South Dakota. No, Really.
We need a permanent grassroots strategy for science before we are buried in Idiocracy.
Nature this week offers a series of terrifying, interactive graphs detailing the Trump Administration’s Idiocratic War on Science. Not only has it butchered federal scientific research grants, but as you can see in this graphic, it has hollowed out the federal scientific workforce – the dedicated professionals who develop data to allow for science-informed policy …
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CONTINUE READINGWhat Critics of the Unitary Executive Missed
This conservative theory has damaged democracy in unexpected ways.
You would think that some of the conservatives on the Supreme Court would start to see that their ideas about how to run the government are flawed. Sadly, there’s no evidence that they’ve seen the light. It’s true that they seem to be willing to make an ad hoc exception for the Federal Reserve, showing the truth of the saying that everyone’s scared of the bond market. But other than that, they seem happy to allow a single person’s whims to control the government. We’re going to need to figure out some new approaches if we want to have a government that implements in the law in a rational, even-handed way.
CONTINUE READINGAnother White House Power Grab: PJM
Why emergency power auctions for the AI overlords will do little to reduce electricity prices.
Fresh on the heels of the White House takeover of Venezuela and its “uninvestable” oil sector, President Trump, Energy Secretary Chris Wright, and the rest of the National Energy Dominance Council have turned their sights on the largest wholesale electricity market in the United States – PJM. Their concern is high prices, which continue to …
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CONTINUE READINGNightmare on Penn Ave (Part 2)
After a year of Trump 2.0, here’s how things stand.
Eight years ago almost to the day, I wrote a post titled, “One Year and Counting.” I was writing at the end of Trump’s first year in office. And here we are again, one year into a second Trump Administration. Trump’s basically deregulatory strategy has remained largely unchanged. But there are some notable differences in the situations then and now. I closed my 2017 post with this: “One characteristic of the Trump Administration is a ceaseless stream of controversies and dramas. But generally speaking, the amount of actual legal change has been much more limited, because the system is designed to provide checks on administrative and legislative action.” It remains to be seen how well those checks will function this time around.
CONTINUE READINGCreating Lease Certainty
There are some steps Congress could take to increase certainty for energy leases on federal lands, but there will be tradeoffs.
As my prior two posts noted, there are substantial legal authorities that allow an executive to suspend or cancel leases for energy development. In the case of on-shore leases, that power might be extremely broad. And with an Administration that appears to use its powers to pursue political grudges and to push the envelope on …
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CONTINUE READINGCanceling Onshore Leases
The executive may have broad authority to cancel onshore leases, perhaps even without compensation. Congress might want to fix that.
My last post covered the likely power that the Administration has to cancel off-shore leases for wind projects – a power that it probably has, if it was to ever get its act together. But even though the Administration has not yet used it, I think it probably has even broader power to cancel leases …
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