Region: National

The War on Public Health Continues

Centers for Disease Control and Prevention

Friday’s layoffs announcements at CDC targeted infectious disease control

During the COVID outbreak, President Trump said, “If we stopped testing right now, we’d have very few cases, if any.”  That philosophy seems to have taken hold during his second term in office. On Friday, the Administration fired more than a thousand CDC workers, incljding the scientists and doctors who provide key information and expertise about infectious disease outbreaks.  The effect is to kneecap the government’s capacity to detect and track outbreaks.  

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Problem solved?

Bipartisan proposal for permitting reform from Problem Solvers Caucus is a good first step, but has much more work to do

The permitting reform conversation continues in Congress – this time with a long set of proposals from the bipartisan Problem Solvers Caucus, based on a range of conversations with different stakeholders and interest groups.  There is much that is good in this set of proposals, but there are also proposals that require more thought, or …

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Take Two

Trump Administration reasoning around the definition of take appears contradictory

I’ve written before about how the Trump Administration is proposing to eliminate the definition of “harm” in the Endangered Species Act (ESA) regulations – an action that could remove protections for endangered species from habitat modification.  The main justification that the Administration is relying upon in the proposal is a claim that the best interpretation …

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The Compact for Censorship

The so-called compact is a thin front for massive incursion into free speech and academic freedom.

A key First Amendment principle prohibits the government from discriminating on the basis of viewpoint.  This Compact contains a string of viewpoint-based rules. That’s a threat to any view the government doesn’t like, which definitely includes a belief in climate change or the benefits of renewable energy. Because violation of the agreement triggers draconian sanctions, and the Administration is the judge of what constitutes a violation, the chilling effect will be tremendous.

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Some Good News About the El Segundo Chevron Explosion

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

When the state’s second-largest refinery emitted a fireball into the heavens last week, it was bad. But it wasn’t all bad. The “incident” at the Chevron refinery in El Segundo was a good reminder that air pollution is present during the entire life cycle of oil and gas products, from when it comes out of …

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First Monday? More Like ‘First Moanday.’

Since conservatives got a supermajority on the Supreme Court, it’s been on an anti-environmental tear.  

Never say never. Maybe someday the Court will surprise us with a big win for the environment. But it would be foolish to count on that.  We can also hope that the Court will do other good things, such as reining in Trump’s executive overreach. But it would be foolish to count on the Court to take a stand in favor of environmental protection.

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At a Loss for Words? Resist Climate Silence

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

A few years ago, I was writing about how President Joe Biden was flying around the country to promote his landmark climate law without uttering the word “climate.” Seems so quaint. Now, we find ourselves in a place where “climate change” is on a list of banned words maintained by the U.S. Energy Department, along …

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NEPA Update: The Other Shoe Drops

A New D.C. Circuit Case reads the Seven County decision for all it is worth.

Based on the facts as set forth by the D.C. Circuit, its decision in the Tennessee Pipeline case may have been right. But  the opinion went astray with its unrestrained enthusiasm for deference in NEPA cases, and its assumption that the same rules carry over in reviewing decisions under other statutes like the Natural Gas Act.

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Webinar: Climate Policy without the Endangerment Finding

UCLA Law’s “Up in the Air” webinar explores the future of federal and state climate policy if the endangerment finding is repealed.

As Environmental Protection Agency Administrator Lee Zeldin rushes to rescind the endangerment finding — which some have called “the Holy Grail of U.S. climate policy” — the UCLA Emmett Institute hosted an expert panel discussion on the reasoning and ramifications of such a move.  The effort underlines “an extraordinarily dark time in U.S. environmental politics,” …

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After Trump: Recreating Agencies From the Ground Up

A Game Plan for 2029

By 2029, much of the government’s top echelon – the most experienced and expert public servants — will have been forced out or will have fled the government voluntarily. The lower ranks will be depleted and demoralized.  Fortunately, there are some options for moving quickly in the policy sphere. In planning for the post-Trump world, reformers will have a big advantage over exercises like Project 2025: instead of being run by ideologues, the planning process can call upon people who know how government works and who want to make it work better rather than destroying it.

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