Trump Administration

The 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.  

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The 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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The 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.

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California 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 …

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Violations 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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Young Climate Plaintiffs Won Big in Montana. Can They Again?

A “Welcome to Montana” sign stands in front of a dramatic scene split between a wildfire with smoke and a landscape of cracked, dry earth under an orange sky, suggesting extreme weather or climate change.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

One of the biggest climate victories to date belongs to 19-year-old Eva Lighthiser and the other Montana youth climate plaintiffs who won their landmark case against state officials and saw it upheld in the state Supreme Court. Now, some of those same young people — Lighthiser included — are headed back to court next week …

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“Degrowth Donald”

We now have ample examples that Donald Trump is not an abundance President

The title of this blog post comes from this article, where the author originally humorously tagged Donald Trump as a degrowth activist because of his opposition to renewables, his tariffs to constrain trade, and the potential economic impacts of those policies.  Except now it’s not so humorous.  Turns out that having the federal government capriciously …

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Trump’s War on Wind is Dumb. It also Makes Sense.

A wind turbine at sea is centered in the crosshairs of a red targeting scope, with several other turbines in the background under a cloudy sky.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

The Trump administration’s attack on wind energy feels dumber and dumber every day. Let’s see if we can make it make some sense. After that, the major headlines of the week. Last Friday, his Transportation Department withdrew $679 million for offshore wind projects at 12 ports. Last month, the administration sent a stop-work order to …

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Thank You, President Trump, for Opening the Door to Carbon Tariffs

Democrats should make it clear that this will be on the agenda if the Supreme Court upholds Trump’s tariffs.

As a matter of policy, a border adjustment for carbon emissions is much more defensible than the kinds of tariffs that Trump is proposing.  And conservatives need to know that what is sauce of the goose is sauce for the gander. Or to switch metaphors, liberals need to show that they’re willing to move beyond bringing baked goods to a gunfight.

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How to Dissent? Learn American History

LA Public Library

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

It sounds cliché, but when you face a crisis, it helps to remember times that you’ve overcome adversity. That’s the power of history. And it’s one of the reasons I think the new PBS documentary “Clearing the Air: The War on Smog” is crucial to share right now. In the 1940s, dark, smoky clouds crept …

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