2024 Presidential Election

Donald Trump vs. The MQD

Ironically, a conservative legal doctrine might block some of his excesses.

Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more …

CONTINUE READING

RFK Jr. and Climate Change

Even on the environment, his views are strange and unsettling.

Robert Kennedy, Jr., has polled surprisingly well so far. That may well be a fluke, but it may be worth taking a look at his views at this point.  Unlike his views on vaccines, his views on climate change don’t involve blanket denial of science. But they do involve some of the same populist fears …

CONTINUE READING

Default and the Environment

What are the environmental impacts of Uncle Sam’s failure to pay his debts on time?

A journalist asked me how a default might impact environmental law. As I thought about it, I realized that the answers were, “In one way, very little,” and “In another way, potentially a disaster.”  The effects might not amount to much. Or we could be talking about multigenerational climate impacts. There’s  a lot of uncertainty  …

CONTINUE READING

DeSantis and the Environment      

A Little Bit of Nepotism and a Lot of Everglades Protection.

Compared to Donald Trump, Ron DeSantis is practically a Greta Thunberg on environmental issues.  Of course, by the same token, I’m practically a Steph Curry on the court compared to Danny DeVito. Sarcasm aside, DeSantis is pretty good on environmental issues for a Republican. But he rarely mentions climate change, and his record on renewable …

CONTINUE READING

TRENDING