Region: National
Is Texas Cleaning Up Its Act?
Carbon emissions are set in decline in Texas, with less coal and more renewables.
At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, BUT this might not matter because “arguably, you’re seeing market-based decarbonization” due to technological changes. Case in point: Texas. Market trends are pushing Republican-stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all …
Continue reading “Is Texas Cleaning Up Its Act?”
CONTINUE READINGUsing Scalia Against Trump
An anti-environmental opinion by Scalia could provide ammunition against Trump.
As environmentalists search for weapons to use against the Trump Administration, one place to turn could be an important opinion by Justice Scalia – one that many of us criticized sharply at the time. The case in question, Michigan v. EPA, involved mercury emissions from power plants, in which the Supreme Court instructed EPA to consider regulatory …
Continue reading “Using Scalia Against Trump”
CONTINUE READINGA Coalition of the Willing
States need to work together to make progress happen in the age of Trump.
In the short time since the election, it’s already become a truism that state governments will have to keep the flame alive for environmental protection. But it’s not just individual state governments. It’s also crucial for states to work together. There’s been a lot of loose talk about “Calexit” out here. Secession is unconstitutional. (As …
Continue reading “A Coalition of the Willing”
CONTINUE READINGPublic Lands Watch: HJR 44
Resolution would eliminate updates to planning process for BLM lands
Final Update: The President signed the resolution. Update #2: It just passed the Senate 51-48. Update: This is currently being considered in the Senate as Senate Joint Resolution 15. House Joint Resolution 44 – A proposal to overturn the BLM’s Planning 2.0 rule for preparing and amending resource management plans. Today the House passed HJR …
Continue reading “Public Lands Watch: HJR 44”
CONTINUE READINGTrump’s 2-for-1 Order: Legal Issues
Some applications would be clearly illegal. Others are less clear.
Trump issued an Executive Order (EO) requiring agencies to repeal at least two regs for every new reg and also capping the combined compliance costs of all the regulations issued in a given year. To see what the legal effect is, we need to tease out several scenarios. Of course, we can never be 100% sure of …
Continue reading “Trump’s 2-for-1 Order: Legal Issues”
CONTINUE READINGMaking America Great Again for Dirty Energy
Connecting the Dots on Congressional Action, Trump Appointments
It is hard to imagine a better start to a Presidential Administration for the fossil fuel industry than this one. Three of Trump’s appointees to cabinet positions — Scott Pruitt as Administrator of the Environmental Protection Agency, Rick Perry as Secretary of Energy and Rex Tillerson as Secretary of State — are deeply intertwined with …
Continue reading “Making America Great Again for Dirty Energy”
CONTINUE READINGIf At First You’re Blocked by Congress, Try, Try Again.
How much does the Congressional Review Act preclude follow-up regulation?
Most people probably never heard of the Congressional Review Act before now. This law — “CRA” to Beltway folks — is an obscure statute — previously used only once — that allows Congress to strike down an agency rule with an expedited procedure (no filibuster). The GOP is gleefully taking advantage of its control of the …
Continue reading “If At First You’re Blocked by Congress, Try, Try Again.”
CONTINUE READINGHow States Can Defend Themselves Against Trump
States have a number of tools for protecting their own environments from the Feds.
Suppose the Trump Administration launches environmentally harmful projects in a state or wants to allow more pollution there than the state wants. Does the state have any possible recourse? The answer is yes, although states’s defenses have their limitations. There are a number of mechanisms states can use to defend their own environments, if not the …
Continue reading “How States Can Defend Themselves Against Trump”
CONTINUE READINGPredicting How Neil Gorsuch Would Rule on Environmental Issues
If he’s ever confirmed by the U.S. Senate
Donald Trump just announced his nomination to replace Justice Antonin Scalia. Here are some very preliminary thoughts. Assuming Trump’s nominee, Neil Gorsuch, is confirmed by the U.S. Senate (by no means a certainty), what do we know about how he would be likely to rule on environmental questions? As far as I can tell, he …
Continue reading “Predicting How Neil Gorsuch Would Rule on Environmental Issues”
CONTINUE READINGPublic Lands Watch: HR 5 and Land-Use Planning
Bill passed by house would increase burden on agency for land-use planning
HR 5 The Regulatory Accountability Act (RAA) Passed House 1/11 Received in the Senate 1/12 Referred to the Senate Committee on Homeland Security and Governmental Affairs This post was co-authored by law student Emma Hamilton. On January 11th, the House passed HR 5, the Regulatory Accountability Act of 2017, which includes a provision mandating new …
Continue reading “Public Lands Watch: HR 5 and Land-Use Planning”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
