Public Lands Watch: NEPA Regulations
Administration asks for ideas about how to revise regulations implementing NEPA
A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities. Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA). NEPA, in short, requires the federal government to thoroughly analyze significant environmental impacts of all proposed major federal actions, and to publicly disclose those impacts in ...
CONTINUE READINGWhat 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 reading a helpful list of his opinions: Separation of Powers. Kavanaugh is a true disciple of Antonin Scalia on separation of powers issues. He believes fiercely in the "unitary executive" th...
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 the Clean Air Interstate Rule - which regulates cross border pollution from power plants -- and stayed its effect, only to be overturne...
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 as extreme among property-rights advocates and right-wing and libertarian advocacy organizations, it ha...
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 system. Even if climate denial is banished from the scene, we can expect to see fluctuations in enthusiasm for climate policy. How can we design climate policies to be ...
CONTINUE READINGHot Enough Yet?
Apparently not.
Two weeks ago, my family vacation took us past the self-proclaimed "world's largest thermometer," in Baker, California, which read 111 degrees when we visited it--the hottest air temperature my kids had ever felt. Back at UCLA we're feeling the heat today, too, with much of the LA basin scorching in record temperatures. L.A.'s heat wave is just one of many gripping the globe right now, with records being set from the Middle East to northern Europe to Canada to the ea...
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 because Pruitt's transgressions were so numerous, they kept the EPA in the limelight day after day. As Sean notes, even Pruitt's allies had b...
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 thoughts. Pruitt's resignation comes after months of scandals in which his ethics have been questioned ...
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 gone....
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 America free, to keep the lights on.” As I explained in an earlier post, the legal and policy justifications for this plan seem shaky at best. Judging from the r...
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