Region: National

Defending the Environment, Deep in the Heart of Dixie

It’s not hospitable territory for environmental work, but some law schools are still trying.

National environmental groups tend not to devote many resources to the Deep South.  State governments and often courts are barren ground for environmental arguments.  And.the local activist community is also thin.  Law schools are also fewer in number than in the Northeast or Pacific Coasts.  So what’s going on in those schools in the environmental …

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Welcome to the Next Phase of the Great California-Trump Car Wars

First lawsuit filed, more to come

California didn’t wait long to file its first court challenge to the rules just finalized by the Trump Administration related to California’s GHG and ZEV car emissions standards (discussed here and here by Julia and Ann).  Here’s the complaint filed by California together with 23 other states, along with the cities of LA and NY.  …

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EPA/Transportation Announcement of California Waiver Revocation is Full of Falsehoods and Irony

How Many Misstatements Can You Find?

This morning, the Environmental Protection Agency and Department of Transportation formally announced — as expected — that the Trump Administration is revoking California’s waiver to set its own vehicle standards. Yesterday, Trump tweeted the news, coupling it with falsehoods claiming that the rollback would save lives and save consumers money.  As I blogged yesterday, both …

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American Public Wakes Up, Smells the Coffee

Further evidence of a shift in public opinion on climate change.

As I discussed in a September 9th post, public opinion has been shifting toward greater recognition of climate change and the need to respond.  Much of the evidence came from polls dating back a few months. Further evidence is provided by two polls released this week. People do seem to be waking up to the …

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Trump’s Tweet about Yanking California’s Waiver is, Shockingly, Full of Falsehoods

The rollback will not make drivers safer and will not save consumers money

President Trump just sent out a series of tweets announcing and defending his decision to revoke California’s permission to issue its own tough standards to reduce carbon pollution and require manufacturers to sell Zero Emission Vehicles in the state.  Julia has a great analysis of why the decision is terrible policy and bad law that …

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Trump Announces Waiver Rollback on Twitter

Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible

This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019.  President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …

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A Welcome Victory in the D.C. Circuit

This is what it looks like when judges just buckle down and do their jobs.

Last Friday, the D.C. Circuit decided Wisconsin v. EPA. The federal appeals court rejected industry attacks on a regulation dealing with interstate air pollution but accepted an argument by environmental groups that the regulation was too weak.  Last week also featured depressing examples of the drumbeat of Trump Administration rollbacks, so it was especially nice …

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Is California’s High Speed Rail Project Falling Apart?

Join my KALW radio conversation tonight with newly appointed High Speed Rail Authority board chair Lenny Mendonca at 7pm

The future of California’s high speed rail system has arguably never been as perilous as now. Otherwise-supportive legislators are now openly mulling raiding high speed rail funds meant to complete the first leg in the Central Valley for rail improvements in the more densely populated parts of California, namely the San Francisco Bay Area and …

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Trump’s Legal Challenges to the California’s Car Deal

Is there any legal basis for the Trump Administration’s actions?

Prompting rage by President Trump, California and several carmakers entered a voluntary agreement on carbon emissions from new cars that blew past the Administration’s efforts to repeal existing federal requirements. Last week, the Trump Administration slapped back at California. Although there’s been a lot of editorializing about that response, I’ve seen very little about the …

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Trump’s Spite War Against California and the Automakers Ramps Up

Threatening letter, investigation in addition to waiver revocation

Today in the Trump spite wars against California and the four auto manufacturers, we learn that the threat to revoke California’s waiver was only the first salvo from the administration.  As I blogged last night,  the Administration is considering revoking California’s federal waiver to issue pollution standards for cars without simultaneously rolling back tough auto …

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