Trump Administration
The Chevron Doctrine: Is It Fading? Could That Help Restrain Trump?
The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.
In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court’s current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by agencies like …
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CONTINUE READINGPublic Lands Watch: Sage Grouse Plan Revisions
BLM and Forest Service produce draft environmental impact statements for plan revisions
I wrote in the fall about the Trump Administration’s efforts to weaken protections for sage grouse on federal public lands. The next step in that process is currently ongoing – draft environmental impact statements (EIS) for revisions to land management plans for BLM and Forest Service lands. Those EISs are required by the National Environmental …
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CONTINUE READINGMemo to Staff: Eliminating Cl***** Ch****
Also, please delete all references to global w***ing.
MEMORANDUM To: All Department Staff From: The Secretary Re: Eliminating Cl***** Ch**** As you know, it is this Administration’s policy to eliminate all references to Cl***** Ch**** from government documents. This policy has been unevenly implemented, but I have informed the President that we are adopting a zero-tolerance approach. All use of the “double-c …
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CONTINUE READINGEmergency Powers: A Two-Edged Sword
Trump is considering using emergency powers to save coal plants. Turnabout would be fair play.
The Trump Administration is considering using emergency powers to keep coal-fired power plants in operation even though they’re not economically viable. That would require an extraordinary stretch of the statutes in question. And if the statutes are interpreted that broadly, a future president could easily use them for the opposing purpose — forcing utilities to …
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CONTINUE READINGAnalyzing a CAFE Rollback
Rolling back the CAFE standards is going to be a heavy analytic lift at best.
The Trump Administration has begun a review of the second phase of fuel efficiency standards adopted by the Obama Administration. Ann Carlson has already blogged about the harmful effects of such a rollback. A new paper by researchers at Resources for the Future sheds some additional light on the situation. Although the study does not …
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CONTINUE READINGLaw professor comment on BLM proposal to revoke methane rule
Comment ids flaws in BLM’s proposal to revoke rule restricting methane emissions from oil and gas development on federal lands
I’ve already posted a couple of times on BLM’s proposal to revoke a rule that limits methane emissions (a major greenhouse gas) from oil and gas operations on federal lands. The period for public comment on BLM’s proposal closes today. A group of environmental law professors just filed a comment noting major legal problems with …
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CONTINUE READINGNutrition & Food Safety at Trump’s FDA
I posted earlier about an FDA move to remove nicotine from cigarettes in the hope of preventing addiction. FDA is also moving forward on some food nutrition issues. That makes FDA’s Commission, Scott Gottlieb, an oasis of sanity within the Trump Administration. First, as of May, FDA will begin enforcing a regulation requiring restaurants to …
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CONTINUE READINGUnited States v. California and SB 50
Federal lawsuit against California’s law to protect federal public lands may not be an easy win
Monday the federal government filed a lawsuit against the state of California challenging SB 50, a state law that attempts to give the state the ability to purchase federal public lands that are sold or disposed of. The lawsuit has gotten a lot of attention in the press, some with assessments that the federal government’s …
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CONTINUE READINGWhy California gets to write its own auto emissions standards: 5 questions answered
Authored by Nicholas Bryner and Meredith Hankins
Rush hour on the Hollywood Freeway, Los Angeles, September 9, 2016. AP Photo/Richard Vogel This article was originally published on The Conversation. Read the original article. Editor’s note: On April 2, Environmental Protection Agency Administrator Scott Pruitt announced that the Trump administration plans to revise tailpipe emissions standards negotiated by the Obama administration for motor …
CONTINUE READINGThe Disagreeable Mr. Pruitt
The list of his six worst traits starts with paranoia and ends with unbounded ambition.
I’m sure that Scott Pruitt has his good side. Probably he loves dogs. But his bad traits are, well, pretty hard to overlook. Here are some of the main characteristics of the man who is now charged by statute with protecting our environment: Paranoia. As Grist says, “in just his first year, he has reportedly …
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