Trump Administration

The impact of Trump’s offshore leasing plans

The Administration’s leasing proposals are not likely to produce an offshore oil and gas boom unless other factors change

This post is the last in a three-part series examining the implications and context of the Trump Administration’s announcement of a proposal to dramatically expand offshore oil and gas development in the United States.  The first post focused on the legal context; the second one on the political context.  This last post synthesizes the law …

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The politics of Trump’s offshore leasing proposal

Widespread political opposition at the state level poses major obstacles to federal plans

This post is the second in a three-part series looking at the Trump Administration’s announcement of plans to vastly increase offshore oil and gas drilling.  The first post, here, focused on the legal context for those announcements.  In this post, I’ll discuss the political context.  In my last post, I’ll conclude with an analysis of …

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The Administration’s offshore oil and gas leasing proposal

Offshore leasing system requires long, complex legal process before drilling can occur

A few weeks ago the Trump Administration announced a new proposed plan to drastically increase the amount of offshore areas available for leasing for oil and gas development – essentially opening up almost all of the waters off of the lower 48 states.  The announcement at the time attracted a lot of media attention, but …

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The Story Behind a Political Breakthrough

Congress passed a 2017 law recognizing climate change as a serious threat. How did THAT happen?

Last month, Congress passed and Trump signed a provision in the Defense Authorization Act that designates climate change a serious threat to national security. That was a historic first. I blogged about the bill last month, but it seemed worthwhile to investigate this surprising development further. Although there’s no direct evidence, there are strong indications …

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When is unoccupied habitat “critical”?

The Supreme Court will hear a challenge to the critical habitat designation for the dusky gopher frog

Controversy and litigation have been pervasive since adoption of the Endangered Species Act in 1973, but the Supreme Court has been a relatively minor player in the law’s development. By my count, the Court so far has only addressed the substantive merits of an ESA claim three times (in TVA v Hill, 437 US 153 …

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One Year and Counting

He’s played his cards. Next year, we’ll see how well the other side plays theirs.

In September, Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s first year, it’s time to bring that assessment up to date. It follows the same outline as the previous report …

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Public Lands Watch: HR 4239

House bill would give states control of oil and gas leasing process, weaken Presidential power to restrict leasing

Tom Schumann drafted this blog post. Provisions tucked in a House oil and gas development bill would repeal one of the oldest conservation laws and scale back another. The provisions show House Republicans working to make rollbacks by the Trump Administration permanent, consistent with the administration’s “America First” energy campaign. H.R. 4239, reported out of …

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Truth Will Out.

At least 3 times, the Administration has admitted the reality and dangers of climate change.

Despite all the efforts at disinformation, the Trump Administration has let the truth slip out. On four occasions, the Administration has issued or signed warnings about climate change. One is an act of Congress.  I’ll begin with the most recent and most significant example. Last Tuesday, Trump signed the Defense Authorization Act, HR 1810. The …

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The Roots of Regulatory Robustness

What makes regulations politically robust or fragile when Administrations change?

We’ve seen a lot of regulatory innovations in the past decade. Many are under attack, and that underscores the importance of understanding what makes some innovations more robust than others. I don’t have a general theory to offer about what gives some regulations more ability than others to withstand adverse political shifts. But it’s instructive …

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What’s in Trump’s Proclamations on Bears Ears and Grand Staircase-Escalante National Monuments

An analysis of the new proclamations and the legal issues they raise

On Monday, President Trump signed two proclamations, downsizing the Bears Ears and Grand Staircase-Escalante National Monuments in Utah. These two proclamations are the first official acts by Trump to implement the recommendations from Interior Secretary Ryan Zinke’s national monuments review this summer. (Zinke’s final report and recommendations were just made public yesterday. In a short …

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