Trump Administration
The Rise and Fall of an Energy Emergency
Frantic federal efforts to keep uneconomical coal plants from closing met their doom in a new court decision.
According to the Department of Energy, decrepit coal-fired power plants had to be kept open to avoid “unacceptable reliability risks within five years” unless something changed. You could be forgiven for thinking that calling this hypothetical situation an emergency was something of a stretch. The legality of the orders reached the D.C. Circuit in a Michigan case involving a coal plant that seemingly everyone except Trump wanted to close. The court found no basis for the order. The opinion avoids directly calling out the government’s abuse of power. Instead, it keeps focused on basic issues of statutory interpretation. The statute clearly didn’t give DOE anything like the authority to take over the power system that it was claiming.
CONTINUE READINGThe Dim Outlook for Trump Energy Dominance
About the best he can hope for in the long run is to maintain the status quo.
U.S. oil is seeing a future of declining U.S. and global demand for gasoline and diesel, with U.S. production also remaining stagnant. The future for natural gas production is looking rosier given increasing energy demand and possible growth in U.S. exports. From the perspective of the oil industry, this is probably an optimistic forecast. It assumes that there are no major advances in battery technology that would further accelerate adoption of EVs or sharp decreases in the price of solar. It also assumes that nuclear power doesn’t expand globally, and that other countries are willing to trust the U.S. as a source of a vital energy resources.
CONTINUE READINGStrictly Ballroom
How will the Supreme Court’s opinion impact environmental standing?
There’s a lot of concern about how the Supreme Court’s opinion in the ballroom case could impact environmental law. In the majority’s view, the problem was that the plaintiff lacked standing. The concern is that the Court may have cut back standing doctrine in a way that will block many environmental cases. You never know what the Court might do down the road, but I think the opinion itself is much more limited.
CONTINUE READINGThe Logical Next Step After Renaming Lake Ontario
How does the “National Oceanic and Manospheric Agency” sound?
Trump: The air resource is a tremendous asset to the United States and part of our Nation’s heritage The air has long been an integral asset to American exploration, settlement, commerce, and defense. American men pioneered air travel, starting with the Wright Brothers. Moreover, we have exploited the air’s ability to absorb carbon dioxide more than any other nation on earth. Under my Administration, the Secretary of Defense has taken steps to ensure the world’s highest testosterone levels for our great Air Force. I claim the manosphere for America.
CONTINUE READINGWhat We Know About Trump’s Impact on Clean Energy
U.S. clean energy has taken a major hit but not a fatal one.
Biden’s climate legacy has taken serious hits but more has survived then we feared. There’s a general impression that Trump has wiped out Biden’s ambitious climate statute and with it brought the energy transition to a halt. It’s become clear that the situation is a lot more complicated than that. Politico has unearthed new evidence about funding under Biden’s Inflation Reduction Act. That new evidence complements some of the other pieces of the puzzle. Here’s what we know at this point.
CONTINUE READINGDear 2026 1L
Today’s entering law students are preparing to start careers at a critical time for the environment.
Welcome to law school. You’re beginning your life in the law at a critical time. What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So, grab your books, get yourselves ready, and be prepared to head for the legal trenches when you graduate. No time to waste!
You May Have Forgotten About Climate Change. But It Hasn’t Forgotten About You
Denial is a great coping mechanism. Until reality turns around and bites you.
Climate change is, apparently, passé. Democratic politicians are avoiding the topic and dialing back ambitious plans to reduce emissions. The President apparently doesn’t think it exists, and the government’s official position is that its effects are too uncertain to worry about. Denial isn’t the world’s best coping mechanism, but it works, at least temporarily. The problem is that, while sometimes that lump you were worried about does go away, sometimes it keep growing and getting harder to treat. In the end, reality doesn’t much care whether you believe in it.
CONTINUE READINGStrategies for the 2030s
We lost the Battle of 2025. But we haven’t last the fight for sustainability.
Two recent models have some welcome news: Trump’s rollbacks and assault on the Inflation Reduction Act have not been as cataclysmic as feared. At least not yet. The models come from different sources — an MIT researcher and the Rhodium firm — using different methodologies. The models also have implications about the next steps in climate policy. Both models highlight the critical need to rip down barriers to clean energy and transmission build out.
CONTINUE READINGEscalating the War on Science
Now the National Academies are in the cross-hairs.
The National Academics of Science, Engineering, and Medicine are at the pinnacle of American science. Recently, President Trump President Donald Trump ordered a so-called suspension and debarment investigation into the National Academies for what a supposedly “fraudulent, biased, and misleading” report on climate change. The Academies, he said, are “run by Radical Left Dumocrats,” which is apparently more than enough reason to ban them from government funding.
CONTINUE READINGTrying to Create Permit Certainty
A new permitting reform bill does a good job of managing tradeoffs for a difficult problem
Last month two Senators proposed another permitting reform bill, the FREEDOM Act. This is a revised version of a bill that was introduced in the House earlier this year, which I wrote about before. (And yes, if you are having trouble keeping up with all the permitting reform bills floating around, you are not alone.) …
Continue reading “Trying to Create Permit Certainty”
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