Region: National
Pride Goeth Before a Fall
Trump thinks he can tell courts how to interpret NEPA. He’s wrong.
White House has just released its proposed revisions to the rules about environmental impact statements. The White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. The proposal is marked by hubris about the government’s ability to control how the courts apply the …
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CONTINUE READINGAndy and Dave Shoot the Breeze
An inside look at the Trump Administration.
[Open with a shot of Interior Secretary David Bernhardt at his desk with his phone to his ear. Ring tone in the background. Split screen after EPA Administrator Andrew Wheeler picks up.] Bernhardt: Hey Andy, how ya doin’? How’s life in the Inferior Department? Wheeler: Not so bad, Davey boy, not so bad. B: You …
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CONTINUE READINGA Paper Tiger?
Trump is proposing big changes to CEQ regs. But they may not matter.
The Trump Administration is trying to gut the current White House rules on environmental impact statements. Some people view this move as a death blow to an important environmental tool. Here’s what Trump is trying to do and why it may not matter as much as people fear. As to what Trump & Co. are …
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CONTINUE READINGHappy Birthday, NEPA!
NEPA turns 50 today. Its passage was the beginning of modern environmental law.
Welcome to 2020. Before we start worrying about the year ahead, it’s worth taking a look backward. Today marks the fiftieth anniversary of the passage of the National Environmental Policy Act, usually called NEPA for short. When he signed NEPA into law, President Nixon said: “It is particularly fitting that my first official act in …
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CONTINUE READINGRevolt of the Captive Scientists
Trump’s Scientific Advisory Board Slams Proposed EPA Rules
Trump has appointed most of the members of EPA’s Scientific Advisory Board (SAB), many of them selected from industry. That effort to stack SAB in favor of deregulation apparently wasn’t a complete success. In draft reports issued this week, the SAB scathingly criticized those efforts and even went so far as to give a nod …
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CONTINUE READINGBright Spots of 2019 (Yes, there were some!)
A bad year in many ways, but with promising signs for the future.
It’s been a tumultuous and often grim year in terms of environmental protection. The Trump Administration continued its onslaught against environmental protection, completing major regulatory rollbacks. Nevertheless, there were some rays of sun through the darkening clouds. State Initiatives. Progress as the state level continued, as it has throughout the Trump Administration. New York State …
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CONTINUE READINGThreat Assessment: The Supreme Court & the Environment
The current bench is tilted against environmental regulation. It could get worse.
In September, Take Back the Court issued a study entitled, “The Roberts Court Would Likely Strike Down Climate Change Legislation.” In my view, that’s too alarmist. But the current conservative majority definitely will be an obstacle to aggressive use of government regulation. That could hold true well into the 2030s, depending on who leaves the …
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CONTINUE READINGGifts We Receive Daily
Our everyday gifts: a livable climate, clean water and air, and biodiversity.
This is a time of year when by religious tradition or secular custom, many people exchange gifts. It’s worth remembering that we also reach receive daily gifts in the form of what economists call public goods. I thought it might be worth reposting some Holiday Season musings on that subject. After all, the holiday season …
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CONTINUE READINGWhen is a Flood a Government Taking?
Should the feds be liable for flooding during Hurricane Harvey?
A federal statute bars nearly all claims against the federal government for flooding. Victims of flooding from Hurricane Harvey seem to have found a loophole by claiming that their property was taken without just compensation by flooding. The facts are unusual, but the case raises some deep questions about financial responsibility for flood control. Here …
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CONTINUE READINGThe Decade in Review
Like many humans, the Twenty-First Century’s teenage years were stormy.
“It was the best of times; it was the worst of times.” That pretty much sums up the ten years from January 2010 to January 2020. As the decade began, Barrack Obama was in the White House and the Democrats controlled Congress but were one vote short of a filibuster-proof majority in the House. Under …
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