Trump Administration

Despite Trump

Climate action outside DC is far broader and deeper than when he took office.

Trump remains a grave threat to climate action and to the planet at large. But there actually has been significant progress on climate policy despite him.  Not so much in DC, of course. But outside the Beltway, climate policy has widened and deepened. At the state level, there has been a barrage of climate activity.  …

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Environmentalists v. Cost-Benefit Analysis: What Does the Future Hold?

For now, at least, environmentalists and economists are aligned in criticizing Trump’s rollbacks. Will this alliance last?

If it’s true that “the enemy of my enemy is my friend,” environmentalists might want to take another look at cost-benefit analysis.  The Trump Administration is certainly doing its best to gut economic analysis of its rollbacks.  Both economists and environmentalists are resisting. Is this an alliance of convenience or will it be the start …

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No, It’s Not Over

The threat of COVID-19 continues to loom over us.

We’re all sick of being locked down, and the economic downturn has been brutal.  There’s a palpable sense that it’s time to put the coronavirus behind us and move on.  Unfortunately, the coronavirus does not agree. People now seem used to the idea of hundreds of new coronavirus deaths a day. Yet, even 500 deaths …

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Trump’s Latest Deregulatory Ploy: Emergency Waivers

Shaky legal authority, poor analysis, dubious benefits. What else is new?

In an Executive Order issued last Thursday, Trump told agencies to use emergency waivers to avoid environmental safeguards. The order is legally shaky and unlikely to accomplish much.  Still, it provided a nice photo op. Maybe he should have signed it in front of a church. I’ll talk later about the specifics, but first I’d …

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NEPA, emergencies and executive power

Once more we need to ask, can Trump do what he claims to be doing?

Late Thursday, the White House issued another in a seemingly endless series of administrative orders. Under the typically overblown title “EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” it was touted by the President’s team as a way to speed infrastructure permitting and another step …

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Failures of the Heart

Does anyone in the Administration actually care about police killings? Or public health? Or future generations?

“I REALLY DON’T CARE DO U?” That slogan embodies much about the Trump Administration. That includes Trump’s response to the death of George Floyd and the ensuing demonstrations. But it includes much else. Including police killings and the coronavirus. “I REALLY DON’T CARE DO U?” is emblazoned on a jacket of Melania Trump’s. She wore …

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Leaving Paris (from Rex Tillerson’s Diary)

Here’s how the deal was undone.

Three years ago today, Trump announced that he would withdraw from the Paris Agreement. Rex Tillerson, who was Trump’s Secretary of State about 10,000 tweets ago, was there, behind the scenes, when Trump was making the decision.  Here’s what he might have written in his diary:. April 1.  Talked with DT today.  He said he’d …

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100 Law Professors Urge EPA to Withdraw Revamped “Transparency in Science” Rule

EPA Science

EPA’s new proposal would go beyond even the far-reaching original to limit agency use of the best science

Today, on behalf of 100 environmental and administrative law professors affiliated with 70 universities in 33 states and the District of Columbia, Sean Hecht and I filed a comment letter urging EPA to withdraw its updated proposal to limit the use of science in agency decisionmaking processes, misleadingly named the “Strengthening Transparency in Science” rule. …

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Climate Change in the General Election

How much talk about climate are we likely to hear?

Climate change has surfaced as an issue in the Democratic primaries much more than it has in past elections. What’s likely to happen in the general election? Start with Trump. Given his freeform speaking style, he’s likely to at least touch on climate change and fossil fuels from time to time. The question is how …

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The Deregulator’s Dictionary

Members of the Trump Administration speak their own, very special language.

“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.” The Trump Administration’s …

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