Trump Administration
Noem’s Disastrous Reign at FEMA
The post-Noem agency is in desperate need of rebuilding.
It’s going to be very difficult for a new DHS head to shift course given the message coming from the White House. But without a change in the direction, a weaker FEMA will increase the country’s vulnerability to the disaster risks posed by an increasingly unruly climate. Noem has done great damage to FEMA, leaving the country more vulnerable to disasters. Trump’s desire to abolish the agency isn’t helping. Among her failings, her damage to the Federal Emergency Management Agency (FEMA) may not be the worst, but it’s far from the least. Restoring the FEMA will be a major undertaking and a heavy lift in an administration best known for agency destruction.
CONTINUE READINGAn “Unprecedented” Heat Wave is Just the Start
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Dust off your fan or set the thermostat for your heat pump. A heat wave is in the forecast for the western U.S., bringing 90-plus degree heat to much of California and records are likely to fall. Temperatures that are 20-30 degrees above normal for this time of year are on tap starting today. It’s …
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CONTINUE READINGThe Trump Governance Playbook, in War and Peace
Going to war is very different than regulating pollutants, but the Trump Administration approaches both decisions similarly.
Trump’s approach to governance has some roots in previous practice, but it is not what Americans generally have been used to. It is a governance style that centralizes power not only within the executive branch, but in the executive branch at the expense of Congress, and in government rather than the public. Some might argue that this is more democratic since only the President is nationally elected. Others take a different view. There’s no question, however, that the governance system is in a very different mode of operation in all spheres, foreign and domestic.
CONTINUE READINGSurprise Support for Solar
Solar power is on the Trump Administration hit list, but it turns out to have support in unexpected places.
ere’s a social media post whose content won’t surprise you:
“Solar power is the energy of the future.
“Giant fusion reactor up there in the sky – we must rapidly expand solar to compete with China.”
And from a political ally, a poll that found three-quarters of Trump voters in five states agreed that solar should be used “to strengthen and increase” the U.S. energy supply.
Who were those solar supporters?
Five Lessons from the Tariff Case
What can the case teach us about litigating environmental cases against Trump?
Learning Resources v. Trump, the recent tariff ruling, doesn’t say anything direct about environmental cases. But there are a series of useful lessons for environmental litigators. One obvious one is that the conservatives aren’t all “in the tank” for Trump (though Alito and maybe Thomas seem have gone pretty MAGA). Trump’s nasty insults of the conservatives who ruled against him probably won’t bring them back onto the Trump train. His effusive praise for the three conservatives who voted for the tariffs may even increase frictions within the supermajority. Here are five more lessons.
CONTINUE READINGPolicies on the Bus Go Round and Round
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A year ago, the transportation manager of Northshore School District, outside of Seattle, wrote to EPA Administrator Lee Zeldin pleading with him to release frozen funding she was owed for new school buses. “We need your assistance to complete these projects and lift the financial burdens school districts are facing due to the delay in …
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CONTINUE READINGTrump’s Ratepayer Protection Pledge: More BS on Electricity Prices
In his State of the Union address, President Trump announced a new “ratepayer protection pledge” from technology companies.
Last night, in his State of the Union address, President Trump announced a new “ratepayer protection pledge” from technology companies as his latest effort to respond to rising electricity prices across the country. In his brief remarks on the pledge, the President said that it “obligated” the technology companies to provide for their own power, …
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CONTINUE READINGHas Trump Actually “Driven a Dagger Through the Heart” of Climate Policy?
Lee Zeldin
Don’t jump to conclusions based on the Administration’s spin operation.
there’s a good chance that the repeal of the Endangerment Finding will be reversed by the courts. That would ground federal climate policy even more firmly in the law, so the Administration is taking a gamble. Saying they’ve one is as premature as a roulette player who’s just put all their chips on one number announcing that they’re now rich before the wheel has even started turning. Even if the courts do uphold the repeal, a lot will depend on just what legal theory the judges adopt. Some legal theories would slam the door on efforts by future Democratic presidents. Others would leave room to move forward.
CONTINUE READINGMore Pesticides Please!
Trump’s ‘Toxics First’ Agenda continues with a new executive order mandating the production of glyphosate . . . as a matter of national security!
Late last Wednesday, sandwiched between all of the news about the repeal of the endangerment finding and the Supreme Court’s ruling on the Trump tariffs, the White House issued a new Executive Order invoking a Korean War era statute, the Defense Production Act of 1950, to ensure that chemical companies can continue to manufacture a …
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CONTINUE READINGWhat Happens to State Regulation if the Endangerment Findings are Gone?
Answer: State authority wouldn’t suffer from the change and might expand in some ways.
If the Trump EPA successfully repeals the endangerment findings for vehicles and stationary sources, states will be the only resort for climate regulation. A key question is how the repeals would impact state power to regulate carbon emissions. The bottom line answers are: (1) the impact on state power regulate tailpipe emissions seems unclear but could be positive, (2) there would be no effect on state power to regulate stationary sources like power plants, and (3) plaintiffs suing oil companies would probably benefit. The detailed analysis is below.
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