Region: National

No, DOE, You Can’t Roll Back Product Efficiency Standards

Congress wanted greater energy efficiency over time and banned rollbacks.

The Department of Energy is proposing to rescind key energy efficiency requirements.  It is beyond ironic that it is attempting to do so at a time when the President has proclaimed an energy emergency. Trump says the grid is struggling desperately to meet surging power demand.  That’s a strange time to eliminate regulations that are saving energy. DOE’s action is also illegal, because the law in question has a provision prohibiting rollbacks. Congress wanted efficiency standards to get tougher over time and included an anti-rollback provision to make sure of that.

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The $133 Million Bat Tunnel

Here’s what permitting reform in the United Kingdom can teach the United States about building and abundance.

“We’ll rip out ‘insane’ environmental rules that block growth.” “We can’t get anything built anymore. Everything takes too long.”  “We will streamline environmental obligations. We will limit the cynical legal challenges that block major infrastructure projects. We will strip away the years of consultation that drown builders.” You might well expect these threats and worries …

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EPA Steps Through the Looking Glass

You can’t accuse EPA of hiding the ball. It has announced its new mission: promoting fossil fuels.

You might have thought the prime mission of the Environmental Protection Agency was protecting the environment. Lee Zeldin, the Trump appointee running EPA, has a different idea: “The EPA is going to aggressively pursue an agenda powering the Great American Comeback… that’s our purpose, and it’s what will keep us up at night.”

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A Stealth Repeal of NEPA

Proposal from House Natural Resources Committee would effectively repeal NEPA

The Republican-controlled U.S. House of Representatives is working on reconciliation language – legislation that can pass via a majority-vote in the Senate, but only so long as it relates to fiscal matters.  It looks like House Republicans are going to try and use the reconciliation process to effectively repeal the National Environmental Policy Act (NEPA). …

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Defunding the Energy Transition

The President Proposes Deep Cuts to Climate and Clean Energy Spending for FY 2026

On May 2nd,  the White House released what is generally referred to as a “skinny” budget request outlining priorities for discretionary spending for fiscal year 2026. A full federal budget proposal is expected later this month. The “skinny” budget contains, by the White House’s calculations, $163 billion in non-defense discretionary spending cuts, which it argues …

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The Good, the Bad and the Utter Contempt

The Drain

The Drain is a weekly roundup of climate and environmental news from Legal Planet.

The news this week has me remembering my grandpa teaching a young me to turn off the tap while brushing my teeth. (Hey, I was an ignorant East Coast kid.) This was in California’s Central Valley around 1990 when drought conditions flared and the federal government cut water deliveries.  What was the news story? What …

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Permitting Reform as Policy Stability

Compromise Congressional legislation could dampen the swings of Presidential regulatory policy

I’ve noted earlier the problems that rapid swings in regulatory policy at the Presidential level have caused over the past 12 years, swinging from Obama to Trump I to Biden to Trump II.  And, as in so many other ways, the second Trump Administration is ramping up the swings to a whole new level, with …

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Fix Our Forests, version 2

A revised bipartisan proposal in the Senate is a step forward in the right direction

I wrote previously about the Fix Our Forests bill which has been passed by the House and is currently being considered by the Senate.  I noted some concerns I had about its overuse of emergency authorities, its expansion of categorical exclusions, and some changes to litigation, as well as some positive features of the bill. …

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Willful Ignorance as Government Policy

The Trump Administration is systematically shutting down sources of vital information.

There is a deep anti-intellectualism embedded in MAGA. As RFK Jr. advises people, why pay attention to scientists when you can just “do the research” in the far corners of the internet?  
There’s also  the fear that data and research may not fit its political agenda. For instance, better information about extreme weather could support more robust programs to deal with those threats rather than supporting massive budget cuts. More robust government programs aren’t part of the MAGA agenda. Even worse, information about extreme weather would also shed light on climate change, a taboo subject.

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The Chutzpah is Stunning

The Trump Administration is suing to block state climate lawsuits based on Clean Air Act Preemption.

If nothing else, you have to give credit to the Trump Administration for incredible gall. Yesterday, the Department of Justice filed suit against Michigan and Hawaii seeking to stop those states from filing lawsuits against fossil fuel companies for climate damages. The fact that DOJ is seeking to prevent even the filing of the lawsuits …

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