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 of the state's grid, recently projected that in the next fifteen years, Texas will ...
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 costs in applying a statutory mandate for “necessary and appropriate” regulation. Justice Scalia’s opinion for ...
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 one of my Minnesota colleagues used to say, that was conclusively settled in the 1865 case of Grant v. Lee.) Blue states...
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 44, the latest in a flurry of joint resolutions introduced in the House to disapprove agency rules under the C...
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 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,...
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