As my colleagues Cara Horowitz and Meredith Hankins, and others, including the New York Times, have reported, the Trump EPA today proposed a replacement rule for the Clean Power Plan, which was a plan to transform our electrical grid away from coal (with associated health and climate benefits). The essence of the new proposal is to replace […]
Regulatory approaches for vehicles versus power plants show the Trump White House’s true motivation – and it’s not states’ rights.
As my colleague Cara Horowitz has already blogged, the Trump EPA is preparing to announce a Clean Power Plan replacement today, rolling back Obama-era efforts to regulate greenhouse gas emissions from existing power plants. The plan is expected to largely shift the regulatory burden to states, essentially leaving it up to them to decide whether […]
Courts Continue to Strike Down Anti-Environmental Actions
While the Trump Administration’s assault on the environment is alarming, courts are continuing to hand the administration an impressive string of losses that mean that, at least in the short term, the assault is much less effective than the administration’s claims of deregulating the economy would lead us all to believe. In just the […]
G. H. W. Bush Appointee Issues Nationwide Injunction Because Agency Rescinded Prior Rule Without Public Discussion of the Rule’s Merits
Today, Hon. David Norton of the Federal District Court for the District of South Carolina (an appointee of George H. W. Bush) issued a nationwide injunction barring the implementation of the so-called “Suspension Rule” that effectively rescinded the Waters of the United States Rule (also called the WOTUS Rule or the Clean Water Rule) previously issued […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]