Trump Administration
Trump’s Discordant Coal Quartet
Yesterday’s four executive orders were long on talk and short on action.
Yesterday, flanked by a coal miners in hard hats, Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster, but will have little immediate effect. These orders give the same impression as many executive orders — that Something Important is Being Done — but they are really more in the way of promises of future action.
CONTINUE READINGWhat if DOGE Came for the NFL?
This is what it looks likes like when DOGE takes on a new task.
We know what DOGE is doing to the government. But why stop there? What if they got loose on another part of U.S. society, professional sports? Here’s a picture of what that could look like. June 2026 June 30. New Trump Order: DOGE to Fix Football (NY Times) Trump on Truth Social: “Too long have …
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CONTINUE READINGJust How Endangered is Clean Energy?
The Trump administration wants to slow the U.S. clean energy transition. Will it put energy investments in a deep freeze or a temporary chill?
Business investment decisions rely on stability. And stability is in short supply so far in this Trump administration. Instead, we’ve seen an erratic blitzkrieg of activity on tariffs, federal funding, and deregulation that has spooked all sorts of industries. That’s partly why Heatmap News has declared Trump “Degrowth Donald,” and why my Legal Planet colleague …
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CONTINUE READINGCorroding the Separation of Environmental Powers
“Who decides?” is the first question to ask about a policy issue. Trump’s answer is “me.”
Biden took actions that federal courts ruled exceeded statutory authority, raised separation of powers issues, or threatened federalism. The difference is that Trump has used brute-force attacks on agencies plus extortion against states rather than taking overt legal actions that courts can review.
CONTINUE READINGThe Downsides of Ping Pong Governance
Judicial review, by moderating policy swings, may be important to facilitating long-term investment
I’ve written about debates over permitting reform and other versions of regulatory streamlining to support the development of infrastructure that we need to address climate change. Another view, well articulated by Nicholas Bagley at University of Michigan, is that the problem is more fundamental: Excessive focus on governmental procedures and process, reinforced by searching judicial …
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CONTINUE READINGThe CRA and the filibuster
Expanding the scope of the CRA might also result in weakening the filibuster
This is the third in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The second post is here. Another possible implication of applying …
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CONTINUE READINGThe CRA and permits
Applying the CRA to the California waivers might open the door to Congressional review of permits more broadly
This is the second in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The basic legal question at the heart of the dispute …
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CONTINUE READINGLives in the Balance: Infectious Disease and the Trump Administration
The Administration has made serious inroads on safeguards against infectious disease.
Disease control, like many other traditional government activities, has been under a MAGA-driven onslaught. Indeed, we cannot rule out the risk that rather than helping, the government will try to block the use of lifesaving vaccines.
CONTINUE READINGWhat is the scope of the Congressional Review Act?
Possible implications of expanding the CRA to the California waivers, and beyond
The Congressional Review Act (CRA) provides a tool for majorities in the House and Senate, along with the President, to overturn a recently promulgated agency regulation, and to legislatively prohibit promulgation of a “substantially the same” regulation in the future. By its nature – since it requires Presidential approval of the relevant joint Congressional resolution …
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CONTINUE READINGUndermining Science in the Name of Ideology
There’s no room in MAGA for free scientific inquiry.
The Trump Administration seemingly views scientific research as a threat. The result has been a wave of censorship and a general effort to undermine the scientific enterprise. This article compiles examples of anti-science actions.
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