Region: National
Immigration Law is Environmental Law
The recent ICE raid on a Hyundai-LG plant in Georgia highlights a problem in our visa system — and our politics.
Three weeks ago, federal and state agents conducted an immigration raid at a multi-billion-dollar Hyundai-LG battery plant under construction in Ellabell, Georgia and detained some 475 workers. About 300 of these workers were South Korean citizens. 14 were from China, Japan, and Indonesia. Another 145 were from Mexico and other Latin American countries. As has …
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CONTINUE READINGIn His Own Words: The Unitary Executive Explains Science Stuff to Us
Inside the government, the war on science seems to be over, and ignorance has won.
In the past couple of days, the President has given us the benefit of his wisdom on highly technical issues. It seems clear that, as far as the government is concerned, the war on science is over, and ignorance has won.
I’m going to let the President make my case for me. Below are excerpts of Trump’s explanations of vaccine policy, autism causation, and climate science.
CONTINUE READINGNew York Climate Weak
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Now is the time for courage. Now is not the time to pull punches or pull speakers. We need more speech — not enforced silence. That’s why I’m not a big fan of shutting down campus speakers, even those who might spread climate obstruction. Like Vicki Hollub, the CEO of Occidental Petroleum, who was being …
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CONTINUE READINGPermitting reform in the Trump Administration
It’s hard to do a deal when one side can’t be trusted to keep their side of the bargain
There’s more chatter about permitting reform again in Congress. I’m supportive of the concept, and thought the deal on the table at the end of the Biden Administration was probably worth doing. So there are now bipartisan efforts to amend NEPA, and also to do a broader permitting reform bill. I’ll leave specific analyses of …
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CONTINUE READINGSPEED bump?
Recent proposal for NEPA reform in House of Representatives is sweeping and perhaps counterproductive
The House of Representatives recently held a hearing on the SPEED Act, a proposal for NEPA reform advanced by Representatives Westerman (R-Arkansas) and Golden (D-Maine). While the public announcement by the majority for the bill is that it is simply “commonsense upgrades,” a close review indicates that it would produce potentially dramatic changes to NEPA, …
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CONTINUE READINGThe War on Science: Week 35
Every week we get more reports about the Administration’s anti-science campaign.
It was just another week in the government’s war on science. Rather than editorialize about what’s going on, I thought it would be more useful just to relay what has come out in news reports over the last week. The facts really speak for themselves.
ITEM. On Saturday, we learned that EPA’s water division had told its scientists to pause publication of papers in scientific journals pending a “review.” The order came from political appointees. There’s little doubt that the goal is to silence scientific findings that might call Administration policies into question.
CONTINUE READINGThe perils of federal abundance legislation
Political polarization at the federal level is a steep obstacle to any major abundance reforms
I recently wrote an assessment of the ROAD Act, a bill in the US Senate that would do some (mild) changes to NEPA and develop some guidelines and incentives for state and local governments to amend their zoning to facilitate more housing production. While the ROAD Act may be fine policy, one question is whether …
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CONTINUE READINGNational Academies School the Trump Administration on Gold-standard Science
Report on Effects of Human-Caused GHG Emissions on US Climate, Health, and Welfare shows how actual science is done.
It’s not news that the Trump administration has little interest in getting the facts right. But facts often matter for crafting policy that serves our societal goals. And it’s not rare for the law to require that specific factual findings underpin government decisions. In both cases, we need to assemble, understand, and apply the best …
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CONTINUE READINGThe Forgotten Constitution
There’s a lot more than the “executive power” in there.
To hear Trump & Co., you might think that the Constitution was one sentence long, with that sentence vesting the executive power in the President. That’s the theory behind his efforts to remake the government – including environmental regulation – single-handedly. But there’s a lot more in there. Much of that forgotten language is directly relevant to the presidential actions that are now shaking the government, including environmental governance.
CONTINUE READINGDOJ Challenge to Vermont’s Climate Law Has a Problem
The EPA’s proposed repeal of the endangerment finding undermines the U.S. position in the Vermont Climate Superfund Case.
EPA’s proposal to rescind the Clean Air Act endangerment finding is not final but it is already causing problems for the Trump Administration in court. The Department of Justice today filed a brief for summary judgment challenging Vermont’s climate superfund law. Its principal argument? That the Clean Air Act — in regulating greenhouse gases — …
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