What was Trump’s Role in Premature Reopening?

Yes, he was at fault, but it’s complicated.

In a column about a week ago, Paul Krugman pointed to the dire consequences of the reopenings in the Sunbelt and laid the blame entirely on Trump.  He viewed it as “case of Republican governors following Trump’s lead.” The “main driving force,” he said, was Trump’s reelection strategy.  There’s some truth to that, but it’s also too simplistic. Yes, reopening happened after Trump called for it. But that doesn’t prove cause-and-effect. Even the ancie...

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China’s Distinctive Approach to Emissions Trading

It’s getting harder for the U.S. to use Chinese inaction as an excuse.

China's emissions trading program is slowly forward toward implementation.   It's by no means a perfect program, but it should result in significant emissions reductions. The Chinese program has some features that make it less cost-effective. Nonetheless, researchers at RFF concluded that the climate benefits will be three times the cost of emission reductions. They didn’t try to model the benefits of reduced air pollution, which would make the ratio even more fav...

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The Kudlow Inversion

Trump's key advisor on the economy, the coronavirus, and regulation, with a gift for getting everything wrong.

“Only the best people,” Trump said. Let’s talk about his chief economic advisor, Larry Kudlow. Kudlow seems to live in an inverted, upside-down world. He somehow manages to be wrong about everything — wrong about the economy, wrong about deregulation, wrong about climate change, wrong about the coronavirus. A full sweep, in other words. It’s not easy to achieve that level of consistency. Trump must have had to look far and wide to find Kudlow. Just look at t...

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Members of Congress Oppose Trump Administration’s Attempt to Revoke California’s Clean Car Standards

UCLA Law’s Frank G. Wells Environmental Law Clinic files a brief on behalf of 147 members of Congress in the D.C. Circuit

California has long led the fight against pollution from passenger vehicles, setting its first car emissions standards in 1966 before federal rules were established. After the Clean Air Act was passed in 1970, California retained authority to establish a series of more stringent vehicle emissions rules—with the most recent iteration of greenhouse gas emissions standards adopted by 13 other states. But after decades of cooperation with the federal government, Califo...

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Yes, It’s That Time of Year Again

If you read Legal Planet, you know why the work we do matters.

Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we only do them twice a year.  But there couldn’t be a more important time for the work we do, given the urgency of the climate crisis and the ongoing policy disaster in D.C. Yes, we're in the middle of a pandemic and an economic crisis. But climate change and the biodiversity crisis aren't going away while we deal with those other problems. That means that the environmental work we ...

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Fighting to Preserve California Vehicle Emission Standards

Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of National Parks Groups

Last week, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to eliminate California’s authority to apply its own automobile emission standards under the Clean Air Act. (We filed the brief in our individual capacities and not on behalf of our respective institutions.) Our clients are the National Parks Conservation Association and the Coalition to Protect America’s National Parks, two nonprofits ...

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July Fourth at Mt. Rushmore: What about the “unalienable rights” of the Lakota?

In the limbo game of the 45th presidency: no matter how far the bar descends, Trump clears it by going under. Just two weeks after political furor over a planned Juneteenth support rally in Tulsa, Oklahoma—site of the 1921 Race Massacre, in which white mobs killed up to 300 Black people in 48 hours, and burned or looted some 1,500 homes—Trump found a way to go still lower. He celebrated Independence Day in the Black Hills of South Dakota, on land properly occupie...

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California Appellate Court Upholds Water Board’s Broad Drought Response Authority

Court of Appeal Rejects Water Users' Legal Challenge to Board's Emergency Regulations, Temporary Curtailment Orders

California's Court of Appeal for the Third Appellate District recently upheld the State Water Resources Control Board's temporary emergency drought response regulations--enacted in 2014-15--as well as related curtailment orders the Board issued to specific water users to implement those regulations.  In doing so, the Water Board rejected a legal challenge agricultural water users brought against the Board seeking to elevate private water rights over other interests--lik...

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California’s Spiking Coronavirus Cases

Clearly, it's not just increased testing. We have a real problem.

The number of reported COVID-19 cases in California has risen dramatically.  What's going on, and what should be done about it? The situation has changed so rapidly that I've had to rewrite this story repeatedly since I began work on it last week. Early Last Week When I started work on the story a week ago, state public health  officials attributed the problem to increased testing rather than a resurgence of the disease.  That was probably true for at least part of ...

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The Danger of Climate Change Deadlines

deadline, by geralt at pixabay

Essential targets set by some of the world's leading climate scientists and policymakers just passed. Now what?

Seven prominent figures in the global climate change policy discourse published an opinion essay in Nature. In “Three years to safeguard our climate,” they set a deadline for key targets to be met in order to stay on track to meet the Paris Agreement’s global warming goals. The notable thing is that the essay was published three years ago this week: The year 2020 is crucially important for another reason, one that has more to do with physics than politics. … sho...

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