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Donald Trump

Windmills are Killing Our Donuts! And It’s All Biden’s Fault!

A peek inside the mind of a leading presidential candidate.

Donald Trump has been talking a lot about donuts lately. Donuts, it seems, are threatened by renewable energy and depend on fossil fuels. Maybe because he’s heard that they’re cooked in oil? Trump’s knowledge of cooking is likely pretty minimal, given that it’s unlikely he’s ever been inside a kitchen. And windmills are terrible, just …

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Climate Change Got 4 Minutes in the GOP Debate

Ron DeSantis is right: Stop asking candidates if they “believe in climate change” and ask them what they will do so we learn about their environmental deregulation agenda.

The topic of climate change got about 4 minutes of airtime during the first half of the first presidential primary debate held this week by Fox News. That’s actually a pleasant surprise when you think about it: human-caused global warming came up before Donald Trump’s indictments. In case you missed it, the full transcript of …

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GOP Contenders and the Climate Issue

Flat-out denialism seems to be fading in the face of reality.

The first Republican presidential debate will be on Wednesday. I doubt moderators will ask about climate change. It turns out, however, that there’s some spread of views among the candidates. Apart from Trump, each of them is jockeying to pick up enough GOP support to be a serious contender. Their views, which the NY Times …

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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 …

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What’s At Stake

Here’s a quick crib sheet on the climate change and the election

Here’s a quick reminder about the environmental stakes in the election. I’ve tried to stick with the facts here — you’re free to decide which way the cut. ISSUE TRUMP BIDEN Problem of climate change ” I don’t know that it’s man-made… I don’t wanna give trillions and trillions of dollars.” Biden “has long appreciated …

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What Did We Know and When Did We Know It?

Nothing about Trump’s environmental policies has been a surprise. He won anyway.

One thing you can say about Donald Trump is that he didn’t hide the ball. He told us exactly what he would do about the environment. Many people who say they care about climate change or the environment apparently didn’t care enough to come to the polls and vote for his opponent. People who liked …

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What’s the Matter With Bill de Blasio?

The Progressive-Leaning Democrat has more in common with Donald Trump than you might think.

Willful bungling of the coronavirus crisis cuts across ideologies and political parties. That’s the lesson that we learn from the story of Bill de Blasio. He is very different, across many different dimensions, than Donald Trump. But it turns out that he shares something important with Trump: a tendency to place personality over expertise. De …

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What to Expect from Trump’s Second Term

Basically, a second term would be like Trump’s first term, but worse.

Here we are, one year from Election Day. As of now, there is a significant chance that Trump will be reelected in 2020, though experts disagree on the precise odds. In terms of the environment, what would his second term look like? The President. It’s conceivable that Trump might rethink his policy positions after reelection, …

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The Risks of Promising the Improbable

Candidates’ climate proposals are starkly unrealistic. That’s a problem.

As I wrote in a post last Thursday, there’s little prospect that anything like a Green New Deal could pass the Senate even assuming the filibuster is eliminated. In the best case scenario, Democrats would have a one or two vote margin in the Senate. That’s a very slim margin for passing a trillion dollar …

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Trump Announces Waiver Rollback on Twitter

Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible

This post was originally published on the American Constitution Society’s Expert Forum on September 18, 2019. President Trump announced the revocation on Twitter this morning. It’s not news that the Trump administration has been planning, via its so-called SAFE Rule, to freeze Obama-era fuel economy standards, roll back tailpipe greenhouse gas (GHG) emissions standards, and …

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Is 2025 the Year of the Carbon Tax?

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Renewable Energy: A Timeline

Today’s wind and solar resources didn’t come out of nowhere.

Understanding Loper: A Sheep in Wolves’ Clothing?

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Understanding Loper: The Grandfather Clause

Hundreds of past federal cases relied on Chevron. They remain good law.

Understanding Loper: The Primacy of Skidmore

A previously obscure 1944 case will now be central to judicial review.

$10 Billion Climate Bond Heads to the California Ballot

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Understanding Loper: Delegation & Discretion

Something similar to Chevron deference may still apply to many (most?) regulations.

Playing fast and loose with reality

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

(Energy) Independence Day

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

California can help meet its climate goals by removing SERP’s sunset date

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Donald Trump

A peek inside the mind of a leading presidential candidate.

Ron DeSantis is right: Stop asking candidates if they “believe in climate change” and ask them what they will do so we learn about their environmental deregulation agenda.

Flat-out denialism seems to be fading in the face of reality.

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

Here’s a quick crib sheet on the climate change and the election

Nothing about Trump’s environmental policies has been a surprise. He won anyway.

The Progressive-Leaning Democrat has more in common with Donald Trump than you might think.

Basically, a second term would be like Trump’s first term, but worse.

Candidates’ climate proposals are starkly unrealistic. That’s a problem.

Revoking California’s Clean Air Act Waiver Is Bad Policy and Legally Indefensible

TRENDING

Carbon border adjustment mechanisms are increasingly the talk of Washington. UCLA Law’s Kimberly Clausing explains some of the options on the table.

Today’s wind and solar resources didn’t come out of nowhere.

The real world effects may be limited. Or they may undercut presidential power, to the surprise of advocates of the unitary executive.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Prop 4 would authorize the issuance of bonds in the amount of $10 billion toward safe drinking water and groundwater, wildfire and forest programs, and to combat sea level rise.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.

By Molly Bruce, Dave Smith, Michael Kiparsky, Derek Hitchcock, Peter Van De Burgt, Sydney Chamberlin, Megan Cleveland

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Perplexed? Worried? Here’s a guide to a fraught area of law.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

We used to have the Chevron test? What test do we have now?

Today’s wind and solar resources didn’t come out of nowhere.

Hundreds of past federal cases relied on Chevron. They remain good law.

A previously obscure 1944 case will now be central to judicial review.

Something similar to Chevron deference may still apply to many (most?) regulations.

How the US Supreme Court’s recent decisions enable greater reliance on “alternative” facts

A post in which I surprise readers — and myself — with strong praise for George W. Bush.