Trump Administration
Careful 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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CONTINUE READINGThe 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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