Region: National

Trump’s 2009 Call for Serious Climate Action

No, I’m not making this up.

On the eve of the Copenhagen conference, business leaders published an open letter demanding urgent climate action. The letter was  signed by Donald Trump along with Donald Jr., Ivanka, and Eric.  Here’s some of the language of the letter: “We support your effort to ensure meaningful and effective measures to control climate change, an immediate …

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The Road to Improved Compliance

Enforcement of environmental laws is spotty. But there are ways to change that.I

As I wrote earlier this week, environmental enforcement is not nearly as effective as it should be.  EPA and others have been working on finding creative ways of obtaining compliance, often with the help of new technology. One aspect of enforcement that has become clear is the need to focus on small, dispersed sources that may …

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Strong Regs, Spotty Enforcement

Environmental enforcement could use a big boost.

The political debate over regulation tends to focus on the regulations themselves. But enforcing the regulations is just as important. Despite what you might think from the howls of business groups and conservative commentators, the enforcement system is not nearly as strong as it should be. Twenty years after passage of the Clean Water Act, roughly …

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Bush, Nader, and the Lost Years of Climate Policy

Actions by these two very different men set climate policy back eight years.

From 2001 to 2009, the US sat on its hands while the atmosphere filled with carbon. Much of that carbon came from the US itself, at six billion tons per year up to the 2008 crash. The story of how this came to pass is yet to be fully written. It is, in part, a …

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Supreme Court Deals Obama Administration Blow in Clean Water Act Case

Supreme Court allows lawsuits early in Clean Water Act permitting process, as Justice Kennedy ominously questions the Act’s reach

The Supreme Court today dealt another blow to the Obama administration in a Clean Water Act case. The Court’s unanimous opinion in United States Army Corps of Engineers v. Hawkes Co., No. 15-290, addressed the finality of an Army Corps “approved jurisdictional determination” (JD) on whether a particular parcel of property contains “waters of the …

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Trump, Sanders Voters and Climate Change

If you need even one reason to vote for Clinton, climate change ought to suffice

I don’t pretend to understand the allure of Donald Trump.  I am an unabashed  supporter of Hillary Clinton.  I appreciate that many people I know and respect are Bernie Sanders supporters.  I am hoping that, once Clinton officially becomes the  Democratic candidate for President, Sanders supporters will work hard to elect Clinton as President, even …

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Reinventing Parks & Rec.

We need to protect city parks, not just rural wilderness.

“The few green havens that are public parks” is a phrase from the Supreme Court’s opinion in the Overton Park case.  The case involved a plan to build a highway through the middle of a major park in Memphis.  The Court put a heavy burden on the government to justify the project: “The few green havens …

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This April Was the Cruelest Month (Or at Least the Hottest)

Once again, a global temperature record is broken.

For the seventh month in a row, the average global temperature set a new monthly record going back at least 136 years.  Rutherford Hayes was President back then, the first electric street light was turned on, and Gladstone beat Disraeli.  We’ve had 24 Presidents since then.  In other words, that was a long time ago. As you …

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Is Protecting Public Health Now a Partisan Issue?

Congress’s failure to deal with the Zika threat is a symptom of a bigger problem.

Congress seems to be unable to come up with funding for an effort to combat the zika virus.  Instead, congressional leaders told the government to use existing funding, so it has been forced to divert hundreds of millions of dollars from fighting ebola. (You remember that Congress was completely frenzied about the risk of ebola in …

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Appointing Guardians to Represent Future Generations

Could an old property procedure be a model for climate-related litigation?

From time to time, there is talk about giving standing to future generations. Although this is an idea whose time may not have come in the U.S., it’s important to know that the law has for many, many years allowed appointment of lawyers to represent future individuals. Typically, this is a procedure that is used in …

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