Trump Administration
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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CONTINUE READINGWhen 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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CONTINUE READINGOne 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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CONTINUE READINGPublic 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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CONTINUE READINGTruth 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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CONTINUE READINGThe 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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CONTINUE READINGWhat’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 …
CONTINUE READINGPublic Lands Watch: ANWR and Monuments Updates
Updates on the Arctic National Wildlife Refuge and National Monuments
Two updates on issues that we have been following. First, the Senate passed a tax bill that opens up the Arctic National Wildlife Refuge to oil and gas development – though an initial version of that provision which would have relaxed environmental review of development in the refuge was stripped out. The bill likely will …
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CONTINUE READINGPresident Trump’s national monument rollback is illegal and likely to be reversed in court
Authored by Nicholas Bryner, Eric Biber, Mark Squillace, and Sean B. Hecht
This article was originally published on The Conversation. Read the original article. Supporters of the Bears Ears and Grand Staircase-Escalante national monuments during a rally Saturday, Dec. 2, 2017 in Salt Lake City. AP Photo/Rick Bowmer On Dec. 4, President Trump traveled to Utah to sign proclamations downsizing Bears Ears National Monument by 85 percent …
CONTINUE READINGWetlands, WOTUS and California
California Regulators Can and Should Adopt Strong State Wetlands Protection Rules
For the past year, an overriding concern of many Californians has been whether and how state legislators and regulators can fill the environmental law and policy gap left by a Trump Administration that is in the process of reversing a host of Obama-era environmental rules and that has otherwise largely abandoned the field of environmental …
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