Trump Administration
Trump Loses Another Big Court Case
Ninth Circuit reverses Pruitt decision to allow a dangerous pesticide on food.
Last Thursday, the Ninth Circuit ruled that Scott Pruitt had no justification for allowing even the tiniest traces of a pesticide called chlorpyrifos (also called Lorsban and Dursban) on food. This is yet another judicial slap against lawlessness by the current Administration. Chlorpyrifos was originally invented as a nerve gas, but it turns out that …
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CONTINUE READINGHow Would a Justice Kavanaugh Approach Environmental Cases?
Reflections From a Review of Kavanaugh’s D.C. Circuit Opinions
As we await the outcome of President Trump’s nomination of Judge Kavanaugh to the Supreme Court, journalists and legal scholars have been scouring Judge Kavanaugh’s past decisions and legal writings for indications as to how he might resolve pressing legal questions if installed on the Court. I’m adding here a few thoughts to the many …
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CONTINUE READINGWatered Down Standards at the TRUMP CAFÉ
Here are the FAQs about Trump’s proposed rollback.
Trump is proposing to gut CO2 standards for cars, freezing 2020 CAFE fuel-efficiency standards in place for years to come. Without the freeze, the standards would automatically ramp up. He also wants to eliminate California’s ability to set its own standards, which many other states have opted to adopt. Here are seven key questions about …
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CONTINUE READINGThe Trump Administration Just Released Its Proposal to Eviscerate Car Standards, Revoke California Authority
The Legal Grounds For Doing So Are Dubious At Best
As expected, the Trump Administration has released its proposal that recommends freezing combined fuel efficiency and greenhouse gas standards at 2020 levels for model years 2021-2025. The proposal also recommends revoking the waiver EPA granted California in 2013 to issue its own greenhouse gas emissions standards and to continue the state’s program to gradually increase …
CONTINUE READINGCareful what you wish for…
How Trump’s efforts to rollback national monuments might backfire
We have posted repeatedly here on Legal Planet on the Trump Administration’s efforts to rollback national monument designations made by prior administrations. Litigation over those efforts is still ongoing (and likely will be for a long time). However, I want to note some of the implications if the Administration should succeed in convincing the courts …
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CONTINUE READINGPublic Lands Watch: ESA Regulations
Administration proposes subsantial revisions to the regulations that implement the Endangered Species Act
One of the most important statutes for management of federal public lands is the Endangered Species Act (ESA). It’s important because it requires all federal agencies to avoid jeopardizing the existence of listed endangered and threatened species through their actions, and also to avoid adversely modifying critical habitat for those species. That means when the …
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CONTINUE READINGAwaiting the Climate Change “Trial of the Century”
Juliana v. U.S. “Atmospheric Trust” Federal Trial Set to Begin in October
The Trump Administration really, really doesn’t want the Juliana v. United States case, a.k.a. the “atmospheric trust litigation,” to go to trial. But despite the persistent efforts of President Trump’s Justice Department to have the Juliana case dismissed, it now appears that the most important currently-pending climate change case in the nation will indeed go to trial …
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CONTINUE READING1½ Years of Trump
Where are we, after continual environmental assaults by Trump, Pruitt, and Zinke?
Trump has been in office for a year and a half. Where do thing stand? How permanent will the damage be to environmental protection? Answer: bad, but not nearly as it might have been. The degree of resistance especially impressive when you consider the circumstances just how much of American government is controlled by Republicans. …
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CONTINUE READINGPublic Lands Watch: NEPA Regulations
Administration asks for ideas about how to revise regulations implementing NEPA
A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities. Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA). NEPA, in short, requires the federal government to thoroughly analyze significant …
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CONTINUE READINGNEWSFLASH: Pruitt Resigns
Under pressure, Pruitt finally exits EPA.
President Trump tweeted today that he had accepted Scott Pruitt’s resignation and appointed Robert Wheeler as Acting Administrator of EPA. Wheeler is likely to be just as bad on policy and could well be more competent and effective than Pruitt. But Pruitt was a disgrace to the office, and it is good to see him …
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