Region: National

Climate Election 2024: Trump Plans to Drain the EPA

The battle plan for a second Trump term includes reinstating Schedule F to remove climate experts from the U.S. government.

Donald Trump could “F” the federal government. Literally. Far-right policy strategists are laying plans, largely endorsed by the Trump campaign, for getting rid of federal government workers who might otherwise stand in the way of a radical deregulation agenda. It’s called “Schedule F,” and it could be used to strip employment protections from as many …

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Windmills are Killing Our Donuts! And It’s All Biden’s Fault!

A peek inside the mind of a leading presidential candidate.

Donald Trump has been talking a lot about donuts lately. Donuts, it seems, are threatened by renewable energy and depend on fossil fuels. Maybe because he’s heard that they’re cooked in oil? Trump’s knowledge of cooking is likely pretty minimal, given that it’s unlikely he’s ever been inside a kitchen. And windmills are terrible, just …

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The Unique Legal Context of EPA Methane  Regulations

Three separate congressional actions intersect to support the regulations.

The government’s efforts to control methane have followed a complicated path, involving three different congressional actions:  section 111 of the Clean Air Act,  which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.  The upshot is to …

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Power Play: The Effects of Overruling Chevron

Who will win and who will lose if Chevron is overruled?

Next week, the Supreme Court will hear oral arguments about whether to overrule the Chevron doctrine.  That doctrine allows administrative agencies that implement statutes to resolve ambiguities in those statutes. Overruling the doctrine would shift that power to courts.  Institutionally, then, judges would be the big winners, with more sway over how laws are implemented. …

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Saving the Planet, One Case at a Time

These 50 law school clinics are doing vital work on environmental issues across the country.

Law school clinics are where the proverbial rubber meets the road. They  introduce students to the realities of lawyering. Often, they are a law school’s most important form of public service.  Environmental law clinics have blossomed across the country. Today’s post provides a directory to the clinics. There are several sites that promise comprehensive lists …

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The Bumper Crop of New State Climate Policies Since July.

State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.

State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …

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Inequality Today: Unfinished Work

The first step in addressing the problem is to be clear about the facts.

More than a half century after Martin Luther King’s death, his work is still unfinished.  Sadly, despite his efforts and those of many others, inequality remains a reality along multiple, interrelated dimensions: race, income, and geography.   Inequality is not merely economic; it involves differences in health and life expectancy — and in exposure to pollution …

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Judicial Activism and Climate Change: An Unhealthy Combination

The trial judge in the Juliana case won’t give up, no matter what higher courts say..

An Oregon federal judge has convinced herself that climate change is a constitutional issue.  After what promises to be a lengthy trial, Judge Aiken plans to decide whether U.S. energy policy passes constitutional muster. While I have no doubts about her sincerity and good intentions, her opinion itself shows why her courtroom is not the …

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Election 2024: Climate Action vs. Radical Deregulation

Voters should consider the radical, right-wing deregulation agenda that would await on Day One of a second Trump administration.

The Iowa Caucuses are 12 days away. The South Carolina Republican Primary comes 5 weeks later. And just two weeks after that is Super Tuesday. In the lead up to all these primary contests, anti-democracy candidate Donald Trump continues to march toward capturing the GOP nomination with a commanding lead in national polls. While headlines …

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More Thrills and Chills Ahead!  What to Expect in 2024

Here are the key events that will shape climate and energy policy.

We will face some important forks in the road in 2024 in terms of environmental law.  Here are some of the upcoming forks. Who will be President in 2025?  You probably don’t need reminding that 2024 is an election year. At this point, the election seems likely to be a replay of Biden versus Trump. …

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