Obama Administration

Bears Ears: A Monumental End to the Obama Era

Will the Antiquities Act survive the new administration?

With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in …

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Scientific integrity in the Trump administration

We can’t tell yet what role science will play in the new administration’s policy choices, but there is reason for concern

  There has understandably been a great deal of hand wringing in the environmental policy world since the US presidential election, including on this site (see, for example, Sean’s post here, Dan’s here, and Ann’s here). There are so many hands to be wrung, however, that we’re nowhere near through them all. One topic that …

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Obama’s Public Lands Conservation Legacy

Progress, but still much more to do

President Obama has gotten some high praise lately from the New York Times editorial board, and this op-ed from Prof. David Brinkley, a presidential historian at Rice noted for his biography of President Theodore Roosevelt.  Brinkley compares Obama favorably to Teddy Roosevelt for his conservation legacy. The specific recent actions by President Obama that prompted …

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The National Park Service and Climate Change

Does the agency have the legal tools to respond to climate change?

This past weekend President Obama visited Yosemite, helping the National Park Service celebrate its 100th anniversary.  As part of his remarks, the President noted that climate change is already causing major impacts on the resources in National Parks around the country—for instance, causing the disappearance of the glaciers in Yosemite and increasing fire risks in …

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Political systems and environmental law

The other day I posted about Australia’s repeal of its carbon tax. Australia is not the only country that is going through some retrenchment in environmental law. In Canada, the government made some substantial alterations to the requirements for environmental review for government projects (reducing the scope of the requirement and limiting it to certain …

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The 2014 Midterm Elections and the EPA Greenhouse Gas Rule

Why Republicans probably won’t be able to eliminate the EPA rules before 2016

I wrote earlier about why the 2016 Presidential election will be the election that matters (politically) for the long-term success of the new greenhouse gas rules proposed by EPA.  (The status of legal challenges is a different question.)  I want to elaborate a little more now about why the 2014 midterm elections are pretty much …

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A Bailout By Any Other Name…

Weak environmental laws are another form of bailouts for private industry

Bailouts – the payment of public funds or resources to rescue or support a private enterprise – are politically very unpopular. The primary challenger who defeated Republican House Majority Leader Eric Cantor in Virginia excoriated Cantor for supporting big banks in the wake of the financial crisis. The bailout of banks after the crisis that …

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And Now For Something Completely Different: Chemical Facility Safety?

For the past few days we have all been focused—justifiably—on the EPA’s proposed carbon rule for power plants.   But that’s not all EPA and the rest of the federal government have been up to recently.  Today a federal interagency working group established under Executive Order 13650, Improving Chemical Facility Safety and Security (“EO 13650”) issued …

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Obamacare’s lessons for the future of EPA’s CO2 rule

The survival of the greenhouse gas rule depends on how much people invest based on it

There has (rightly) been a lot of attention paid to the EPA proposed rule controlling greenhouse gas emissions from powerplants pursuant to Clean Air Act Section 111(d). All of that analysis – how effective the rule will be; how it will be implemented; the prospects for successful legal challenges to the rule – is important. …

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Executive Order calls for climate adaptation

Presidential directive holds potential to move federal adaptation efforts forward, but implementation will be the key.

Cross-posted at The Berkeley Blog. Today, President Obama issued an Executive Order intended “to prepare the Nation for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience.” In some respects, this order simply continues ongoing efforts. Under this administration, the executive branch has already been doing a great deal of …

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