Trump Administration

Climate policy and horcruxes

What Harry Potter might have to teach us about making climate policy more resilient to political shifts

As the most recent report from the Intergovernmental Panel on Climate Change makes clear, the negative impacts of climate change are now upon us, and we have a very limited amount of time to decarbonize global economies in order to reduce the risk of catastrophic impacts from climate change, impacts that might begin as soon […]

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EPA’s Return to Bush-Era Clean Air Act Reforms Sacrifices Agency’s Duty to Protect Environment, Ignores the Law

Quiet changes buried behind the big de-regulatory headlines spell disaster for the environment

As I explained back in August, the Trump Administration’s proposed Clean Power Plan replacement (the “Affordable Clean Energy” or ACE rule) came with a significant change to how the EPA has traditionally interpreted the Clean Air Act’s New Source Review (NSR) provisions mandating pre-construction environmental review and the installation of air pollution controls to offset […]

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The Worst of a Bad Lot

They’re all bad, but this regulatory rollback effort stands out for sheer incompetence.

The Trump Administration has many energy and environmental initiatives, none of them good.  But in terms of shoddy analysis and tenuous evidence, the worst is the Administration’s attempt to freeze fuel efficiency standards. For sheer lack of professionalism, the Administration’s cost-benefit analysis is hard to match. And you can’t even say that the Administration is […]

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Regulatory Review in Anti-Regulatory Times: Congress

Congress overturned a host of regs at the start of the Trump Administration. Looks more like a random walk than a systematic effort.

In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the second of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of […]

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Using Emergency Powers to Fight Climate Change

If Trump can stretch emergency powers, maybe they can be used for other purposes too.

 Could a future President invoke emergency powers against climate change? Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There’s no doubt that this would be far more legitimate than Trump’s wall effort.  Border crossings […]

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Regulatory Review in Anti-Regulatory Times: The Trump Administration

Cost-benefit analysis turns out to make very little difference when the issue is rolling back regulations.

In theory, cost-benefit analysis should be just as relevant when the government is deregulating as when it is imposing new regulations. But things don’t seem to work that way. This is the first of two blog posts analyzing how costs and benefits figured in decisions during the past two years of unified GOP control of […]

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The Thin Gray Line

Few people understand the role that the bureaucracy plays in keeping us safe.

“Bureaucrat” is just another name for public servant. It has been said that a thin blue line of police protects us from the worst elements of society. But it is a thin gray line of underpaid, overworked, anonymous bureaucrats who protect society against more insidious risks — risks ranging from nuclear contamination to climate change to […]

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Trump’s Theory of Law

He probably doesn’t know he has a theory, but he does. It’s shaping his deregulatory agenda..

OK, using the word “theory” in connection with Trump may seem like a stretch.  But he does seem to have an implicit theory of law, which helps explain a lot of his approach to regulatory change. He’s also an intuitive believer in a strong form of the unitary executive. Theories of law can be classified […]

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The Power of the Purse

House Democrats have power to use appropriations process to stop Trump Administration environmental rollbacks

Dan has already posted about some of the big deregulatory steps the Trump Administration is likely to take in the next year. But the new Democratic majority in the House could have something to say about those steps, if they wanted to. Democrats will have even more leverage over spending bills than they had in […]

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