Region: National
What Kind of Conservative is Kavanaugh?
Half a dozen observations on our (probably) soon to be junior Justice.
I wanted to add a few words about Kavanaugh in light of Ann Carlson’s excellent post a few minutes ago. No doubt we’ll be seeing more about his views after people have had time to read his opinions and some of his law review writing. But there are a few points I would add after …
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CONTINUE READINGJudge Brett Kavanaugh’s Record on the Environment
He’s highly conservative but has acknowledged the seriousness of climate change
Judge Brett Kavanaugh, Donald Trump’s choice to replace Justice Anthony Kennedy, has been pretty staunchly conservative in his environmental rulings on the D.C. Circuit Court of Appeals in the last 12 years. He voiced serious skepticism about the validity of the Clean Power Plan during oral arguments on the case in 2016. He struck down …
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CONTINUE READINGUCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case
Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists
Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction. Congress viewed species extinction as an urgent threat requiring urgent, decisive action. The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species. While the Act has been controversial, and characterized …
CONTINUE READINGSafeguarding Climate Policies
There are several strategies for insulating climate policy from leaders like Trump.
Trump’s election was a surprise. What should not be a surprise is the inevitability of political setbacks for climate policy. We saw that in the U.S. with the shift from Clinton to Bush and then from Obama to Trump. We also saw that in Australia where it meant the repeal of a promising emissions trading …
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CONTINUE READINGMy Two Cents About the Pruitt Resignation/Firing
Good Riddance Even if He Was a Potent Symbol of the Swamp
Dan and Sean have already expressed their views about today’s announcement that Scott Pruitt is out as EPA Administrator. I thought I’d add mine as well. Scott Pruitt was a potent symbol of corruption, the ultimate swamp creature who made laughable his boss’s claim that he would come to Washington and drain the swamp. And …
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CONTINUE READINGQuick Thoughts on Scott Pruitt resignation as EPA Administrator
Deputy Administrator Andrew Wheeler, Former Coal Lobbyist, to Serve as Acting Administrator
As Dan Farber just pointed out, President Trump announced minutes ago via Twitter that Scott Pruitt is (finally) stepping down as Administrator of the US Environmental Protection Agency. Deputy Administrator Andrew Wheeler, a former lobbyist for the coal industry, will serve as Acting Administrator pending confirmation of a new Administrator. I have a few quick …
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CONTINUE READINGNEWSFLASH: Pruitt Resigns
Under pressure, Pruitt finally exits EPA.
President Trump tweeted today that he had accepted Scott Pruitt’s resignation and appointed Robert Wheeler as Acting Administrator of EPA. Wheeler is likely to be just as bad on policy and could well be more competent and effective than Pruitt. But Pruitt was a disgrace to the office, and it is good to see him …
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CONTINUE READINGTrump’s Dubious Bailout
It’s unlikely that a bailout will have more than a temporary effect. Assuming it holds up in court, that is.
Trump plans to use national security powers to prop up uneconomic coal and nuclear plants. Rick Perry says the government is trying to figure out the cost of this effort – but he doesn’t seem to care what that cost would be. After all, he says, “You cannot put a dollar figure on the cost to keep …
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CONTINUE READINGThe Chevron Doctrine: Is It Fading? Could That Help Restrain Trump?
The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.
In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court’s current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by agencies like …
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CONTINUE READINGPublic Lands Watch: Sage Grouse Plan Revisions
BLM and Forest Service produce draft environmental impact statements for plan revisions
I wrote in the fall about the Trump Administration’s efforts to weaken protections for sage grouse on federal public lands. The next step in that process is currently ongoing – draft environmental impact statements (EIS) for revisions to land management plans for BLM and Forest Service lands. Those EISs are required by the National Environmental …
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