Trump Administration

Trump Loses Another Big Court Case

Ninth Circuit reverses Pruitt decision to allow a dangerous pesticide on food.

Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current Administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that […]

Continue Reading

How Would a Justice Kavanaugh Approach Environmental Cases?

Reflections From a Review of Kavanaugh’s D.C. Circuit Opinions

As we await the outcome of President Trump’s nomination of Judge Kavanaugh to the Supreme Court, journalists and legal scholars have been scouring Judge Kavanaugh’s past decisions and legal writings for indications as to how he might resolve pressing legal questions if installed on the Court.  I’m adding here a few thoughts to the many […]

Continue Reading

Watered Down Standards at the TRUMP CAFÉ

Here are the FAQs about Trump’s proposed rollback.

Trump is proposing to gut CO2 standards for cars, freezing 2020 CAFE fuel-efficiency standards in place for years to come.  Without the freeze, the standards would automatically ramp up. He also wants to eliminate California’s ability to set its own standards, which many other states have opted to adopt. Here are seven key questions about […]

Continue Reading

Trump administration and California are on collision course over vehicle emissions rules

Meredith Hankins and Nicholas Bryner co-author legal explainer for The Conversation

California and the Trump administration are going different directions on mileage standards. AP Photo/Rich Pedroncelli Meredith Hankins, University of California, Los Angeles and Nicholas Bryner, Louisiana State University The Trump administration on Aug. 2 formally announced a proposal to freeze fuel economy standards and tailpipe emission standards for new cars. In addition, it is proposing […]

Continue Reading

The Trump Administration Just Released Its Proposal to Eviscerate Car Standards, Revoke California Authority

The Legal Grounds For Doing So Are Dubious At Best

As expected, the Trump Administration has released its proposal that recommends freezing combined fuel efficiency and greenhouse gas standards at 2020 levels for model years 2021-2025.  The proposal also recommends revoking the waiver EPA granted California in 2013 to issue its own greenhouse gas emissions standards and to continue the state’s program to gradually increase […]

Continue Reading

A Bipartisan Concern: National Security and Climate Change

Even within the Trump Administration and the House GOP, climate change is seen as a threat.

In written testimony to Congress about threat to national security, the Trump Administration’s Director of National Intelligence (DNI) discussed climate change.  His discussion didn’t equivocate about the reality or dangers of climate change.  Rather, he took the science, and the threat, seriously: “The past 115 years have been the warmest period in the history of […]

Continue Reading

Careful what you wish for…

How Trump’s efforts to rollback national monuments might backfire

We have posted repeatedly here on Legal Planet on the Trump Administration’s efforts to rollback national monument designations made by prior administrations.  Litigation over those efforts is still ongoing (and likely will be for a long time).  However, I want to note some of the implications if the Administration should succeed in convincing the courts […]

Continue Reading

Public Lands Watch: ESA Regulations

Administration proposes subsantial revisions to the regulations that implement the Endangered Species Act

One of the most important statutes for management of federal public lands is the Endangered Species Act (ESA).  It’s important because it requires all federal agencies to avoid jeopardizing the existence of listed endangered and threatened species through their actions, and also to avoid adversely modifying critical habitat for those species.  That means when the […]

Continue Reading

Awaiting the Climate Change “Trial of the Century”

Juliana v. U.S. “Atmospheric Trust” Federal Trial Set to Begin in October

The Trump Administration really, really doesn’t want the Juliana v. United States case, a.k.a. the “atmospheric trust litigation,” to go to trial. But despite the persistent efforts of President Trump’s Justice Department to have the Juliana case dismissed, it now appears that the most important currently-pending climate change case in the nation will indeed go to trial […]

Continue Reading

Weakening Vehicle Standards Ignores Decades of Successful Innovation in Emissions Control

EPA appears poised to abdicate their responsibility to protect public health

As my colleague Ann Carlson explained, the EPA is expected to announce a catastrophic rollback this week to freeze national vehicle emission and fuel economy standards and challenge California’s authority to set their own, more stringent standards. The Trump EPA’s decision to weaken the vehicle standards despite thorough midterm reviews by both the Obama-era EPA and California that […]

Continue Reading