Region: National

Gaming Out Environmental Law: 2017-2019

The heavens or the abyss? Or somewhere in between?

What happens after November? A lot depends on who’s the next President, but the congressional elections also matter. Basically, a Trump victory would mean at least a rollback of much of Obama’s environmental legacy, and perhaps passage of the current House deregulatory agenda into law. A Clinton victory would be likely to preserve or strengthen the …

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Trump, Clinton, and the Environment

Your Handy Guide to the Differences

Here’s a handy chart comparing Trump and Clinton on environmental and energy issues. I’ve assembled the relevant statements by the candidates below the summary table. Issue Clinton  Trump Is climate change real? Yes, an urgent threat.  No, it’s a hoax. Support Clean Power Plan?  Yes.  No. Support Keystone XL pipeline?  No.  Yes. Drill in Arctic? …

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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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