Trump’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 how courts will rule on a new issue, but the law seems pretty clear on some of these issues. Scenario 1. Silent Exercise of Discretion. The agency has discre...
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 the energy industry. Tillerson is, of course, the former CEO of ExxonMobil. Scott Pruitt has been bankrolled by the Koch Broth...
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 federal government to put the CRA to much greater use. Going forward, a key question will whether a future Administration could resume regulating...
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 nation's as a whole. Here's a review of some of the major tools. Statutory savings clauses. Savings cla...
CONTINUE READINGPublic Lands Watch: House Joint Resolution 36
A proposal to revoke an Obama Administration rule on methane flaring on public lands
Additional Update: It is being considered in the Senate as Senate Joint Resolution 36. Update: The resolution passed the House on the morning of Saturday, Feb 4. It will next go to the Senate. House Joint Resolution 36 (now being considered as part of House Resolution 74) “Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Congress disapproves the rule submitted by the Bureau of Land Managemen...
CONTINUE READINGGetting involved on public lands issues
Some resources and advice on how to engage Congress
I’ve gotten some requests about how our readers can be involved in the public lands issues that we are tracking. If you are interested in engaging with your Congressional representatives around any of the public lands bills that we are tracking, whether to support or oppose them, here is some advice and resources. First, it is much more effective to call your representatives (whether Senators or House members) than to email or sign an online petition. When you call,...
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 does not have a huge environmental record as a judge on the U.S. Court of Appeals for the 10th Circuit (though he is, of course, the son of Ro...
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 procedural requirements for the U.S. Forest Service (USFS) and Bureau of Land Management (BLM) when rev...
CONTINUE READINGThe Dangers of the New Executive Order on “Reducing Regulation”
The Order is Designed to Prevent Federal Agencies from Protecting Health, Safety, and the Environment
Dan Farber just posted an insightful, brief analysis of the executive order "Reducing Regulation and Controlling Regulatory Costs" that was issued this morning. As Dan notes, the order is absurd and arbitrary - but more than that, it's extraordinary in its potential for doing harm to our country and its residents. It is meant to kneecap our federal regulatory agencies, without regard to those agencies' impact on our country's welfare. This post digs a little deepe...
CONTINUE READINGWatching over our public lands
Keeping track of what is happening with our federal public lands
There is a lot of discussion about possible changes in environmental law post-election. One area that has received some attention is public lands. The federal government owns a little less than one-third of the lands of the United States – many of those lands are ecologically valuable, and are components of our priceless national park system, and refuges for our wildlife and fish. There have been proposals for large-scale transfers of those public lands to the st...
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
