executive order

President Trump’s national monument rollback is illegal and likely to be reversed in court

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

This article was originally published on The Conversation. Read the original article. Supporters of the Bears Ears and Grand Staircase-Escalante national monuments during a rally Saturday, Dec. 2, 2017 in Salt Lake City. AP Photo/Rick Bowmer On Dec. 4, President Trump traveled to Utah to sign proclamations downsizing Bears Ears National Monument by 85 percent …

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New Article Provides In-Depth Analysis of Limits to Presidential Authority Under the Antiquities Act

Analysis By Faculty at UCLA, University of Colorado, and UC Berkeley Concludes that Congress Alone, and Not the President, May Eliminate or Shrink National Monuments

[Updated June 12, 2017 to reflect availability of final published article] Mark Squillace of University of Colorado, Eric Biber of UC Berkeley, my UCLA colleague Nick Bryner, and I have co-authored a short academic article (published in Virginia Law Review Online) about the President’s authority to abolish or shrink national monuments.  This article provides detailed historical research and …

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Politicians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History

Republican Presidents from Teddy Roosevelt to Herbert Hoover Designated Millions of Acres Under the Antiquities Act

As several colleagues and I noted here recently, President Trump recently issued an executive order that will result in “review” of national monuments created since 1996.  (The Antiquities Act grants Presidents the authority to reserve federal lands as national monuments, protecting them from much new resource extraction and development that would otherwise potentially be available on those …

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National Monuments: Presidents Can Create Them, But Only Congress Can Undo Them

Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht

Bears Ears National Monument, Utah. Bob Wick, BLM/Flickr, CC BY This article was originally published on The Conversation. Read the original article. On April 26 President Trump issued an executive order calling for a review of national monuments designated under the Antiquities Act. This law authorizes presidents to set aside federal lands in order to …

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Some Resources for Non-Experts (and for Experts Too!) on the Executive Order Rolling Back Federal Climate Change Regulations

Cutting Through the Information Overload

The President’s Executive Order rolling back climate change-related initiatives, “Promoting Energy Independence and Economic Growth,” just came out today, and there’s already plenty of analysis to help people to understand its likely impact.  While the short answer is that it is terrible for our country, the long answers tend to make people’s eyes glaze over if …

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If Trump Guts Key Programs, Does Staying in Paris Even Matter?

Administration to Issue Executive Order to Pull the Clean Power Plan

(This post is cross-listed at takecareblog.com) Today the Trump Administration is expected – via Executive Order – to announce that it will begin the process to rescind the Clean Power Plan.  The Order apparently says nothing about whether the U.S. will remain in the Paris Agreement.  For months, speculation about whether the U.S. will withdraw …

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The Dangers of the New Executive Order on “Reducing Regulation”

The Order is Designed to Prevent Federal Agencies from Protecting Health, Safety, and the Environment

Dan Farber just posted an insightful, brief analysis of the executive order “Reducing Regulation and Controlling Regulatory Costs” that was issued this morning. As Dan notes, the order is absurd and arbitrary – but more than that, it’s extraordinary in its potential for doing harm to our country and its residents. It is meant to kneecap …

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California Sets 2030 Climate Emissions Target

And it looks like the right goal

Today, California Governor Jerry Brown signed an executive order setting a statewide greenhouse gas emissions target to be achieved by 2030, at 40% below 1990 levels.  It’s an historic announcement that puts California in the vanguard of jurisdictions who have committed to goals in this 2030 timeframe (it matches the E.U.’s). California’s new 2030 target takes its place alongside, …

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A third is a third is a third?

On the last day of its term, the California legislature did wind up passing SB 14, the hotly debated bill to boost the state’s renewable energy supply requirement to 33% by 2020.  But its prospects don’t look good — the Governor announced within hours that he would veto (SacBee story here).  Presumably in its stead, …

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