Trump Administration
The Compact for Censorship
The so-called compact is a thin front for massive incursion into free speech and academic freedom.
A key First Amendment principle prohibits the government from discriminating on the basis of viewpoint. This Compact contains a string of viewpoint-based rules. That’s a threat to any view the government doesn’t like, which definitely includes a belief in climate change or the benefits of renewable energy. Because violation of the agreement triggers draconian sanctions, and the Administration is the judge of what constitutes a violation, the chilling effect will be tremendous.
CONTINUE READINGAt a Loss for Words? Resist Climate Silence
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A few years ago, I was writing about how President Joe Biden was flying around the country to promote his landmark climate law without uttering the word “climate.” Seems so quaint. Now, we find ourselves in a place where “climate change” is on a list of banned words maintained by the U.S. Energy Department, along …
Continue reading “At a Loss for Words? Resist Climate Silence”
CONTINUE READINGAfter Trump: Recreating Agencies From the Ground Up
A Game Plan for 2029
By 2029, much of the government’s top echelon – the most experienced and expert public servants — will have been forced out or will have fled the government voluntarily. The lower ranks will be depleted and demoralized. Fortunately, there are some options for moving quickly in the policy sphere. In planning for the post-Trump world, reformers will have a big advantage over exercises like Project 2025: instead of being run by ideologues, the planning process can call upon people who know how government works and who want to make it work better rather than destroying it.
CONTINUE READINGIn His Own Words: The Unitary Executive Explains Science Stuff to Us
Inside the government, the war on science seems to be over, and ignorance has won.
In the past couple of days, the President has given us the benefit of his wisdom on highly technical issues. It seems clear that, as far as the government is concerned, the war on science is over, and ignorance has won.
I’m going to let the President make my case for me. Below are excerpts of Trump’s explanations of vaccine policy, autism causation, and climate science.
CONTINUE READINGPermitting reform in the Trump Administration
It’s hard to do a deal when one side can’t be trusted to keep their side of the bargain
There’s more chatter about permitting reform again in Congress. I’m supportive of the concept, and thought the deal on the table at the end of the Biden Administration was probably worth doing. So there are now bipartisan efforts to amend NEPA, and also to do a broader permitting reform bill. I’ll leave specific analyses of …
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CONTINUE READINGThe War on Science: Week 35
Every week we get more reports about the Administration’s anti-science campaign.
It was just another week in the government’s war on science. Rather than editorialize about what’s going on, I thought it would be more useful just to relay what has come out in news reports over the last week. The facts really speak for themselves.
ITEM. On Saturday, we learned that EPA’s water division had told its scientists to pause publication of papers in scientific journals pending a “review.” The order came from political appointees. There’s little doubt that the goal is to silence scientific findings that might call Administration policies into question.
CONTINUE READINGThe perils of federal abundance legislation
Political polarization at the federal level is a steep obstacle to any major abundance reforms
I recently wrote an assessment of the ROAD Act, a bill in the US Senate that would do some (mild) changes to NEPA and develop some guidelines and incentives for state and local governments to amend their zoning to facilitate more housing production. While the ROAD Act may be fine policy, one question is whether …
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CONTINUE READINGThe Forgotten Constitution
There’s a lot more than the “executive power” in there.
To hear Trump & Co., you might think that the Constitution was one sentence long, with that sentence vesting the executive power in the President. That’s the theory behind his efforts to remake the government – including environmental regulation – single-handedly. But there’s a lot more in there. Much of that forgotten language is directly relevant to the presidential actions that are now shaking the government, including environmental governance.
CONTINUE READINGCalifornia Takes a Stab at Climate and Energy Costs
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
It’s remarkable that with everything else that’s raging, climate and energy bills still managed to dominate the legislative session that just wrapped in Sacramento. After all, the reason lawmakers were still at work this past Saturday — the day after the legislative session was supposed to end — was that negotiations on climate bills pushed …
Continue reading “California Takes a Stab at Climate and Energy Costs”
CONTINUE READINGViolations of Free Speech at EPA
EPA employees were within their rights with the dissent letter they wrote.
I know it must be a shock to the Trump Administration that even lowly civil servants — I’m sure they would put the emphasis on “servants” — have rights that Important People like them are obliged to respect. But we still live in a democracy, and as the Supreme Court once said, government employees don’t leave their First Amendment rights at the door.
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