Trump Administration

Hey Kids, It’s National Energy Dominance Month!

This October, we officially celebrate the coal and oil industries. Says President Trump.

People sometimes accuse Trump of lacking any consistent policy beliefs, but that’s certainly not true in the areas of energy and environment.  He has one clear goal, maximizing fossil fuels.  Everything revolves around that. And now we have a whole month officially set aside to celebrate his masterplan. 

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Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

I’ve written a bunch about the Senate’s permitting reform bill.  My basic takeaway is that I want this bill to pass, but that there are some serious flaws in the bill, particularly in the permit certainty provisions, that must be addressed.  And in general, there are areas where greater clarity about the scope of the …

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Blowing in the Wind

Three offshore wind turbines stand in the ocean under a blue sky.

The Trump Administration once again proves shortsighted and spiteful.

Just as sponsors are making a push to get a bipartisan permit reform bill through the lame duck session of Congress, the Trump Administration has apparently decided to sabotage the process.  Democrats have worried that it does no good to streamline permitting for clean energy projects if the government simply yanks the permits later. That’s exactly what the Administration is planning to do, yet again, in a case where it has repeatedly lost in court.

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FDA’s Worrisome Proposal on Toxins in Food Additives

The official seal of the Food and Drug Administration, featuring a bald eagle above a shield with a serpent-entwined rod, surrounded by the agency name and the date 1906.

Part of it is a move in the right direction. But one provision raises serious questions. 

According to the Guardian news site, a proposed new FDA regulation  will  “expand a controversial loophole to allow some of the world’s most toxic chemicals to be added directly to food without a safety review.”   The proposed regulation does two other, seemingly reasonable, things along with the one that raises real concerns. The worrisome …

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Unpacking the Senate Permitting Reform Bill: NEPA

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

I’ve already written some about the Senate permtting reform bill, including the provisions on NEPA remedies.  In the next few posts I’m going to take deep dives on Titles I through IV of the bill, which are the primary changes to environmental law.  First, I’ll cover the changes to NEPA in Title I besides NEPA …

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Deregulatory Theater of the Absurd

Black-and-white drawing of people walking on a series of interconnected staircases that defy gravity and perspective, forming an impossible architectural structure with people walking in different directions.

The new CAFE standards are a master class in pretending you’re implementing a law while totally sabotaging it.

The Department of Transportation (DOT) recently issued CAFE standards — fuel efficiency standards for new cars.  Rolling back more rigorous standards from Biden, DOT applied considerable ingenuity to ensuring that fuel efficiency will stagnate for the foreseeable future.  Like an Escher drawing, you have to step back from all the intricate details to appreciate just how weird the overall design is.  

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Gorsuch is (Partly) Right

A man in a black judicial robe stands in front of an American flag and shelves of law books, smiling at the camera.

Justice Gorsuch is wrong about the cure, but delegation has gotten out of hand. 

Justice Gorsuch has made it a personal crusade to revive the nondelegation doctrine, in part because of concerns about the rising tide of presidential power.  The nondelegation doctrine tries to limit the ability of Congress to delegate authority to the executive branch.  That’s an unworkable solution, but Gorsuch is right that Congress has put far too much trust in the good faith and sound judgment of the President and his subordinates.  That’s  especially true of national security and emergency powers.

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Who Cares About Affordability and Gas Prices? Not DOT

The Trump administration’s new CAFE standards actually make cars LESS fuel efficient, defy Congressional intent, and increase air and climate pollution.

The Trump Administration today issued new fuel economy standards that require average fuel economy that will be LOWER by 2031 than what Congress mandated for 2020. While consumers are paying an average of $4.49 a gallon of gas, the Department of Transportation is setting standards that require only 34.9 miles per gallon (MPG) by 2031 …

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“National Security” is Becoming a Punch Line

A large white triumphal arch with gold statues and One Nation Under God inscribed at the top, set against a blue sky with clouds and surrounded by greenery.

Whenever he wants to roll back environmental protections, Trump cooks up a new national security justification.

A recent NY Times article recounts how often President Trump has invoked national security. It earnestly dissects his latest and most absurd claim: that the Arc deTrump  he wanted to build will be filled with snipers, ammunition, and drones. It turns out that the snipers would be in an excellent position to shoot out the crosses in Arlington National Cemetery but not to protect anything of strategic importance.  The environment has been one of Trump’s most fertile grounds for pretextual national security claims.

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What Explains Trump’s Energy Policy?

A green tinted photo of oil drilling pump jacks.

There’s no plausible economic explanation. It’s all about politics.

Trump’s energy policy rests on promotion of U.S. fossil fuel production and use. The instruments include orders forcing coal-fired generators to keep operating, relaxed air pollution standards for power plants, and repeal of as many energy efficiency standards as possible. Trump’s overall economic policy centers on mercantilism, the belief that countries get rich by exporting more than they import.  That fits pieces of his energy policy but not others.  There’s also some rhetoric about free choice by consumers, but Trump clearly is not a believer in free markets as a matter of principle.

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