And the EPA Pick Is…

Oklahoma Attorney General Scott Pruitt

According to reports this morning, the EPA pick will be Oklahoma Attorney General Scott Pruitt. We'll hear more about him in the coming days.  For me, the story that sticks out most about him is this one - revealing his history of copying and pasting letters written by fossil fuel lobbyists and sending them under his Oklahoma letterhead. The letter to the Environmental Protection Agency from Attorney General Scott Pruitt of Oklahoma carried a blunt accusation: Fed...

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Gone, Baby, Gone: The Death of Appalachian Coal

It's not just cheap natural gas. Even a coal industry revival wouldn't help Appalachia.

Trump has promised to end the "war on coal" and bring the industry roaring back. The NY Times appropriately called this a "cruel promise," because cheap natural gas has driven coal to its knees economically.  That won't change under Trump, who has promised even more fracking and gas production.  But, as it turns out, even a revival for the coal industry wouldn't help Appalachian coal miners and their communities.  It's not only cruel to give them false hopes.  It als...

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California’s internecine water war

Dianne Feinstein versus Barbara Boxer; maximizing water deliveries versus protecting the environment

If you thought California was immune to the season of political craziness, think again. California Democrats Dianne Feinstein and Barbara Boxer were elected to the Senate together in 1992. They are usually on the same side, but not always. Water is one of the issues on which they often part company. Feinstein is a water hawk who favors robust deliveries to Central Valley agriculture. Boxer, who will retire from the Senate at the end of this session, is an environm...

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Revised SLCP Strategy Demonstrates the Impact of SB 1383

Many in the environmental community, myself included, heralded the passage of SB 1383 in the California legislature. This bill is the first state law to target short-lived climate pollutants (SLCPs), and it codified the reduction goals that ARB had adopted as part of its general GHG reduction agenda. This is not a trivial accomplishment – legislatively set targets are much, much harder to change or get rid of than targets set in regulations or agency policy. Despite th...

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Turnabout is Fair Play

The same tools that have been used to stymie the Obama Administration can be turned against Trump.

Conservatives and industry have perfected some legal tools to block regulation by the Obama Administration.  Those tools can be turned against them, by using the same tools to block anti-regulatory moves by the Trump Administration.  As a professor, I don't necessarily agree with all of them.  But as a lawyer, I wouldn't hesitate to use them on behalf of my client. Here are some illustrations. 1.Cost-Benefit Analysis.  Many environmentalists loathe cost-benefi...

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Scientific integrity in the Trump administration

We can't tell yet what role science will play in the new administration's policy choices, but there is reason for concern

  There has understandably been a great deal of hand wringing in the environmental policy world since the US presidential election, including on this site (see, for example, Sean's post here, Dan's here, and Ann's here). There are so many hands to be wrung, however, that we're nowhere near through them all. One topic that has not yet gotten much coverage is the potential for a new administration to do mischief to the federal government's production and use...

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Searching for Votes in the Senate

Q: Can the Dems scrounge up the votes to block anti-environment actions? A: Maybe.

Paul Ryan and Donald Trump have vowed to roll back many environmental protections.  The Senate seems to be the one barrier against anti-environmental moves by Congress.  How strong is that barrier? The answer depends in part on whether the filibuster option remains open. If the filibuster rule remains intact, the Democrats' 48 votes in the Senate give them plenty of leeway in halting anti-environmental initiatives, even if they lose several votes. But there are ...

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Trump’s Public Statements Aren’t Relevant in Assessing His Likely Climate Policy

The Media Need to Take Trump's Advisors, and Their Policy Proposals, More Seriously Than They Take Trump's Off-the-Cuff Comments

The media need to get their act together when they report and editorialize about President-elect Donald Trump's public statements.  Chief among many failures in reporting on the campaign was the tendency of major newspapers and television outlets to focus on candidates' rhetoric, symbolism, and character, to the virtual exclusion of governance and policy. This contributed to confusion and apathy about how each candidate was most likely to govern.  To those of us who ha...

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Surviving the Trump Research Funding Drought

A Model for State Support of Climate and Energy Research

Federal funding for research on renewable energy and climate change is likely to take a nose-dive under Trump. For instance, a senior advisor recently announced that NASA's earth sciences research program would be scrapped. In a previous post, I argued that state governments should help pick up the slack. Doing so could have economic benefits in energy tech for those states, as well helping to fight climate change around the world. By the way, in referring to renewable e...

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TSCA Update: EPA Selects First 10 Chemicals for Risk Evaluation

Asbestos included in first 10 chemicals EPA will evaluate for human and environmental risks under TSCA

Today EPA released a list of the first ten chemicals it will evaluate for risks to human health and the environment under the reformed Toxic Substances Control Act (TSCA).  These ten chemicals, drawn from a list of 90 in EPA’s 2014 TSCA Work Plan, will undergo complete risk evaluations within three years.  If EPA finds a chemical presents an “unreasonable risk” to humans and the environment, it must mitigate that risk within two years.  In theory, then, these te...

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