Biden Administration

Taking the Court’s Temperature on Global Warming

A case on the shadow docket may shed light on the Court’s direction.

Court watchers and environmentalists are waiting with bated breath for the Supreme Court to rule on West Virginia v. EPA, the Court’s most important climate change case in a generation. The issue in that case is what, if anything, EPA can do to regulate carbon emissions from power plants and factories. Yesterday, conservative states asked …

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Biden Undoes NEPA Rollback

Trump tried to keep climate change out of environmental impact statements. Biden was right to scotch that effort.

Yesterday, the White House undid an effort by the Trump Administration to undermine the use of environmental impact statements. The pre-Trump rules had been in effect since 1978. Restoring the 1978 version was the right thing to do. The Trump’s rules arbitrarily limited the scope of the environmental effects that EPA can consider.  Their goal …

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Regan Hits His Stride

Under Administrator Michael Regan, the Biden EPA is beginning to churn out important new regulatory proposals.

The Trump Administration left a trail of regulatory destruction behind it. Cleaning up the mess and issuing new regulations is Priority #1 for the Biden Administration. Under EPA head Michael Regan, the effort is beginning to pick up steam. EPA has begun the year with several major new regulatory efforts.  No one of them is …

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Justice 40 and Identifying Disadvantaged Communities

White House

Why race is an important factor to consider

Last Friday, the White House Council on Environmental Quality released its long-awaited Climate and Economic Justice Screening Tool. The screening tool will guide the Biden Administration’s implementation of its Justice40 Initiative that directs that 40 percent of certain federal investment programs benefit disadvantaged communities. However, like may legal scholars predicted and the White House foreshadowed, …

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Which Front Runner Would Be Better for the Environment?

The three front runners have track records, but they’re not easy to interpret.

Currently, the press seems to view Judges Michelle Childs, Ketanji Brown Jackson, and Leondra Kruger as the front runners to replace Breyer. That may shift over the next month, but it seems worthwhile to give these three a closer look. They’ve all decided environmental cases while on the bench. I assume most readers don’t want …

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One Year and Counting

How does Biden’s first year compare with Trump’s? Biden has been much more effective.

If you compare Biden’s performance with his promised agenda, the first year has been disappointing. If instead you compare him with his predecessor, Biden has done more to achieve his environmental goals. The difference is that Trump was judged on the basis of his rhetoric, while Biden is judged based on his achievement. Four years …

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2022: The Year Ahead

Here are the five biggest things to watch for.

There will be a lot going on this year in the environmental sphere.  I wanted to focus on a few big things to keep an eye on, rather than trying to give a long, comprehensive survey. Here are the five biggest things to watch for: Midterm elections. As of now, things are looking very good …

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2021: The Year in Review

After the dark days of the Trump Era, environmental policy had a very good year

The continuing pandemic sometimes makes it feel like time is frozen. But 2021 was a big year for environmental policy. Politics. The biggest news of 2021, for the environment as well as other reasons, was the replacement of Donald Trump by Joseph Biden. On the regulatory front, the change in White House control instantly stopped …

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What to Be Thankful For (2021 edition)

Here’s the one thing environmentalists should be most thankful for this year.

If there is a single thing for environmentalists to be thankful for this year, it is simply this:  the virulently anti-environmental Donald Trump is no longer in the White House. My Thanksgiving post last year began, “Nearly four years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a …

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The Last Four Years — and the Next Four

How did our predictions about Trump hold up? What should we expect for Biden?

In September 2017, Eric Biber and I published a threat assessment after the first 200 days of the Trump Administration. For those who have buried their memories of that time, those were days of shock and despair about the future of environmental protection (and much else). It seems time to bring our report up to …

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