Region: National
DOJ Challenge to Vermont’s Climate Law Has a Problem
The EPA’s proposed repeal of the endangerment finding undermines the U.S. position in the Vermont Climate Superfund Case.
EPA’s proposal to rescind the Clean Air Act endangerment finding is not final but it is already causing problems for the Trump Administration in court. The Department of Justice today filed a brief for summary judgment challenging Vermont’s climate superfund law. Its principal argument? That the Clean Air Act — in regulating greenhouse gases — …
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CONTINUE READINGThe ROAD to housing?
Initial federal legislation advancing more housing is limited in scope.
There’s been a lot of legislative action advancing housing production through reforms to land-use and environmental regulations at the state level, including California. Now, the federal government is every so gingerly stepping into the area. The ROAD Act passed unanimously through the relevant Senate committee last month. In this blog post I’ll provide a brief …
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CONTINUE READINGThe Color PURPA
A Win for Solar– And a Glimpse of Life After Chevron
The majority in a recent case — an Obama appointeet and a Trump appointee — ruled in favor of renewable energy. Even without Chevron deference, they were able to conclude that the statute favored solar producers. And unlike a win under Chevron, this one can’t be reversed by a more conservative agency — it’s etched in stone.
CONTINUE READINGViolations of Free Speech at EPA
EPA employees were within their rights with the dissent letter they wrote.
I know it must be a shock to the Trump Administration that even lowly civil servants — I’m sure they would put the emphasis on “servants” — have rights that Important People like them are obliged to respect. But we still live in a democracy, and as the Supreme Court once said, government employees don’t leave their First Amendment rights at the door.
CONTINUE READINGYoung Climate Plaintiffs Won Big in Montana. Can They Again?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
One of the biggest climate victories to date belongs to 19-year-old Eva Lighthiser and the other Montana youth climate plaintiffs who won their landmark case against state officials and saw it upheld in the state Supreme Court. Now, some of those same young people — Lighthiser included — are headed back to court next week …
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CONTINUE READINGReconciliation and Public Lands Part 2
Final legislation is narrower than House bill, focused on fossil fuel leasing on federal lands.
As a (belated) follow-up from my post this summer about the House version of the reconciliation bill, here is a summary of the key public lands provisions of the reconciliation bill as finally enacted. In general, the scope of what is covered is substantially less than what was in the House bill, in part because …
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CONTINUE READINGA Clear and Present Danger to American Health
We’re all – each of us individually — less safe than we were a year ago.
RFK Jr. is purging the government of anyone who actually believes in science. What’s happening to public health under his leadership isn’t unique. All across the government, Trump is at war with science, cancelling billions of dollars of biomedical, energy, and climate research; closing EPA’s science department; replacing hard scientific evidence with climate denial as official dogma. This is a recipe for disaster, like closing your eyes will flying a plane.
CONTINUE READINGHouse Natural Resources Committee Holds Hearing on Another Ill-Conceived Permitting Reform Bill
The SPEED Act takes aim at the scientific foundation of environmental review
The proposed iSPEED bill includes provisions that would fundamentally compromise the integrity of federal decision making processes by allowing—or even compelling—the government to ignore scientific and technical information critical to understanding the effects of a federal action and how those effects could be mitigated.
CONTINUE READING“Degrowth Donald”
We now have ample examples that Donald Trump is not an abundance President
The title of this blog post comes from this article, where the author originally humorously tagged Donald Trump as a degrowth activist because of his opposition to renewables, his tariffs to constrain trade, and the potential economic impacts of those policies. Except now it’s not so humorous. Turns out that having the federal government capriciously …
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CONTINUE READINGTrump’s War on Wind is Dumb. It also Makes Sense.
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The Trump administration’s attack on wind energy feels dumber and dumber every day. Let’s see if we can make it make some sense. After that, the major headlines of the week. Last Friday, his Transportation Department withdrew $679 million for offshore wind projects at 12 ports. Last month, the administration sent a stop-work order to …
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