Trump Administration
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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CONTINUE READINGThe 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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CONTINUE READINGARPA-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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CONTINUE READINGTrump Administration’s Cold Water War With California Turns Hot
Feds’ Curious New Lawsuits Against State Water Board Likely Just the Opening Litigation Salvo
When it comes to California water policy, the federal-state relationship has always been both strained and challenging. That intergovernmental tension harkens back at least to the Reclamation Act of 1902. In section 8 of this iconic federal statute that transformed the American West, Congress declared that the federal government “shall proceed in conformity with” state …
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CONTINUE READINGCalifornia Adopts New, Welcome Wetlands Protection Rules
State Fills Void Left By Trump Administration’s Weakening of Federal Wetlands Standards
This week California’s State Water Resources Control Board adopted important new rules to protect the state’s remaining wetlands resources. Enacted after over a decade of Board hearings, workshops and deliberation, those rules are overdue, welcome and critically necessary. Their adoption is particularly timely now, given the Trump Administration’s wholesale assault on and erosion of federal …
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CONTINUE READINGTrump on the Environment: A Study in Falsehood
Hardly anything Trump says about the environment is actually true, or even arguable.
The Washington Post has a list of false statements by Trump, which turns out to be searchable by topic. They’ve found that “In the first eight months of his presidency, President Trump made 1,137 false or misleading claims, an average of five a day.” As of March 17, he was up to 9,179 false statements. …
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CONTINUE READINGEPA Shouldn’t Roll Back Coal Power Plant Emissions Standard, Conclude Experts in Electrical Grid Management and Pollution Control Technology Innovation
Emmett Institute Faculty File Two Comment Letters on Behalf of Experts, Demonstrating Flaws In Proposed Rollback of New Source Performance Standard for New Coal-Fired Power Plants
In 2015, EPA set greenhouse gas emissions standards for new coal-fired and natural gas-fired power plants under the Clean Air Act’s New Source Performance Standards program, Section 111(b) of the Act. These standards ensure that new plants can be built only if they incorporate state-of-the-art emissions controls. Unfortunately, in late 2018, the Trump Administration EPA proposed …
CONTINUE READINGCoastal Communities Demand EPA Update Decades-Old Oil Spill Regulations
Written in Collaboration with Camila Gonzalez*
Coastal communities are bracing themselves. Thirty years after the Exxon Valdez oil spill in Alaska, and almost nine years after the BP Deepwater Horizon rig explosion in the Gulf of Mexico, they are facing the threat of another catastrophic oil spill. The Trump Administration is paving the way. The Bureau of Ocean Energy Management will …
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CONTINUE READINGDowngrading OIRA
The acting regulatory “czar” is the least experienced in history.
Overlooked amidst all the other news, the White House picked a new acting regulatory czar earlier this month. The acting Director of the Office of Information and Regulatory Affairs is Paul Ray, who is very junior and a virtual unknown. It’s difficult to imagine that he’s going to be very effective at telling cabinet officials …
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CONTINUE READINGEPA’s Mission: The Original Understanding
Guess what? EPA’s core mission wasn’t cutting regulatory costs.
What is EPA’s mission? To what extent is minimizing regulatory costs part of the core mission, as the Trump Administration seems to believe? Does the Trump/Pruitt/Wheeler view comport with original intent? History makes it clear that the answer is no. The title of the agency itself suggests that the core mission is protecting the environment, …
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