Trump Administration

Get Ready for Phase 2 of the Deregulation Wars

Air quality standards are next on the chopping block.

The first phase of Trump’s regulatory rollbacks has been directed against Obama’s climate change regulations.  Those deregulatory actions will be finalized soon.  What happens next will be in the hands of the courts. But the Trump EPA is now beginning a new phase in its attack on environmental regulation.  Having tried to eliminate climate rregulation, …

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The Expanding Gap Between Business and Trump

Big business was happily married to the GOP. But there’s trouble in paradise.

The GOP used to be synonymous with big business.  But there seem to be growing divisions – divisions that may open the way to new environmental initiatives. In April, the Washington Post ran a story about the U.S. Chamber of Commerce’s decision to loosen its ties to the GOP and move toward a more bipartisan …

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How I Learned to Stop Worrying and Love OIRA

OIRA may have had its problems. What we have right now is much worse.

If you’re like most environmentalists, you probably don’t have a high opinion of OIRA, the White House office that’s supposed to oversee regulations. (For those who are new to this, OIRA stands for the Office of Information and Regulatory Affairs.) The complaints are legion: that OIRA lacks transparency, that it acts as a back door …

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The Trump Administration’s Latest Efforts to Hobble the Clean Water Act

Administration’s New Plan to Eviscerate States’ CWA § 401 Certification Authority Is Flawed Procedurally & Substantively

By now, readers of Legal Planet are well aware of President Trump’s ongoing efforts to rescind the Obama Administration’s “Waters of the United States” rule and replace it with a new federal regulation that dramatically circumscribes federal regulatory authority under the Clean Water Act.  My Legal Planet colleagues and I have previously blogged on this …

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Warren’s public lands policy proposal

The Senator’s policy proposals have a lot of good points, but could be even better

Senator Elizabeth Warren has become famous for her policy plan documents as she runs for President. A few months ago, she released a new one focusing on public lands. The key points in her plan include: A moratorium on all new fossil fuel leasing on federal public lands Providing 10% of US renewable energy from …

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Public Lands Watch: Forest Service proposes NEPA regulatory revisions

Forest Service proposes revisions to NEPA regulations to increase exemptions for logging and other projects

The National Environmental Policy Act (NEPA) has long been a lightning rod for debates over public land management.  NEPA requires federal agencies to fully analyze and publicly disclose the environmental impacts of proposed major federal actions that significantly affect the environment, including analysis of a reasonable range of alternatives and a response to public comments.  …

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Who Is Anne Idsal?

Bill Wehrum steps down as Assistant Administrator of EPA’s Office of Air and Radiation.

This morning, EPA Administrator Andrew Wheeler announced that Assistant Administrator Bill Wehrum will be stepping down at the end of this month. The language of EPA’s press release seems intended to suggest that the departure was voluntary, but the resignation comes amid ongoing scrutiny about the Assistant Administrator’s connections to a number of industry clients …

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Helping Repair Our Broken Governance System

Our institutions have been battered. How will we be able to fix them?

Much of Trump’s damage to the environment is obvious: his efforts to increase gas and oil production, his regulatory rollbacks, and his efforts to gut the agencies charged with protecting the environment. But he has also done deeper damage to the institutions we need to address climate change and other daunting environmental challenges. These problems …

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The evolving law of state protection of environmental resources on federal lands

Recent cases may expand the scope of states to protect environmental resources on federal public lands

One theme in environmental law and policy over the past two years has been an increasing conflict between states and the federal government – with a range of states (particularly those with Democratic governors and legislatures) challenging the federal government on environmental matters and seeking to be more aggressive in protecting the environment. One flashpoint …

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ARPA-E: Surviving and Thriving Despite Trump

Trump keeps trying to kill it, but the energy innovation hub keeps on going.

In the long run, supporting energy innovation is among the most important things the federal government can do to address climate change. Naturally, Trump wants to end that. In what has become an annual ritual, his most recent budget proposal calls for eliminating the  Advanced Research Projects Agency-Energy (ARPA-E).  The agency’s mission is to support …

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