Region: National
Emergency Powers Aren’t What They Used to Be
In the post-WW2 era, courts bent over backwards to accomodate emergency actions. Not true today, as Trump is finding out.
In mid-century America, emergency powers were truly potent. But those days are gone. In his two terms as President, Trump has declared 21 national emergencies, including eight since January 20. This glut of “emergencies” can only further discredit the whole concept. He and his advisors seem to see those as creating nearly magical legal powers, allowing them to deport people without hearings, run roughshod over environmental safeguards, and impose tariffs willy-nilly. They are probably in line for a disappointment. Judges are no longer in awe of emergency powers.
CONTINUE READINGHow Trump’s War on Research Hurts the US Economy
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The economic evidence confirms the huge benefits of government support for research.
One of the victims of the Trump Administration has been scientific research, notably including research on the environment, clean technologies, and even public wealth. The government’s own research capacity is under attack from agencies from EPA to NIH, grants to universities have been cancelled, and future funding from agencies like NIH and NSF is in peril. Yet the Administration has given little though about how this effects competitiveness in a high-tech world.
CONTINUE READINGThe Assault on NEPA: A Threat Assessment
National Environmental Policy Act
NEPA is under multiple attacks. Which are the most serious?
NEPA, the law governing environmental impact statements, is under concerted assault from Congress, the White House, and the Supreme Court. As we will see, the Supreme Court’s recent decision in the Seven County Infrastructure Case is probably the biggest problem. Notably, the debate over NEPA has taken place without much hard data about its effectiveness or costs, so everyone seems free to make their own assumptions.
CONTINUE READINGChina is Kicking Our Ass at Our Own Game
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The first time I saw a Chinese-made EV on the road I was walking on a crowded sidewalk in São Paulo. It was a Saturday night this May, when the whole city seemed to be out enjoying the warm weather. A street rave took over an entire block so to keep moving, we pedestrians had …
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CONTINUE READINGLegal Planet Goes Hollywood — Sort Of
Trump’s “War On Cities” gets a media hit
A couple of months ago, I wrote this post about the Trump Administration’s war on cities, a move that resembles fascist regimes and thinkers through much of the 20th century. Much to my surprise, I got a call on Friday from a producer at the “Velshi” show on MSNBC to talk about it on Sunday …
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CONTINUE READINGData Center Permitting: A Roadmap
AI is fueling a surge in data center construction. Here’s what you need to know.
Data Centers have significant environmental footprints, which is going to raise several permitting issues except for those using clean energy sources. The permitting issue are mapped out in this post. The Trump Administration is clearly going to do its best to free the industry from environmental limits. We’ll see how successful that is going to be.
CONTINUE READINGCan States Rebuild the Barn?
Multistate compacts might be a critical way to help replace lost federal capacity – but we need more details.
A couple of weeks ago I asked how we can stand up institutions in light of the Trump Administration’s destruction of environmental agencies. As House Speaker Sam Rayburn famously said: “any jackass can kick a barn down. It takes a carpenter to build one.” And not a moment too soon. EPA Administrator Lee Zeldin has …
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CONTINUE READINGWhy Repeal the Endangerment Finding?
The aims may be overturning Mass v. EPA and avoiding new rulemakings.
Much will be said about the weakness of the various justifications EPA and the Department of Energy offered yesterday about why greenhouse gases do not endanger public health and welfare under the Clean Air Act. Those justifications are, indeed, remarkably weak. For example, DOE’s argument that economic damages appear to be lower than economists estimate …
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CONTINUE READINGWorld’s Biggest Court Opinion on Climate
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
For more than 24 hours last week, my social media feeds were a wall of jubilant reaction to the World Court’s big climate opinion. People who work on, and care about, the climate crisis needed some good news, clearly. That begs the question, is the advisory opinion really as big a deal as people wanted …
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CONTINUE READINGDoes Federal Law Still Preempt State Standards Relating to Fuel Efficiency?
The answer may depend on what being “in effect” means.
If a tree falls in the forest but no one hears it, does it still make a sound? If a law hasn’t been formally repealed but can be violated with complete impunity, is it still in effect? This matters because federal law preempts state fuel efficiency standards if, but only if, a federal standard is “in effect.” Congress just eliminated any penalty for violating the federqal standards. Which means at best they have only a kind of ghostly existence, but no substance to speak of.
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