Trump Administration
200 Days and Counting: Intro
The start of a series on the future of environmental law after 200 days of the Trump Administration
As of August 6, President Trump has been in office for 200 days. When he was elected and inaugurated, there was a great deal of concern about what his Presidency might mean for environmental law. We’ve now gone about 1/8 through his first-term, so we have a little better sense of what the future might …
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CONTINUE READINGPublic Lands Watch: Proposed repeal of BLM fracking rule
BLM Proposes to Rescind 2015 Rule on Hydraulic Fracturing
On July 25, 2017 the Bureau of Land Management published in the Federal Register a proposed rule that would rescind the Obama Administration’s 2015 Rule titled “Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands.” This proposal has been anticipated since the Interior Department announced in March earlier this year that the Department intended …
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CONTINUE READINGNational Monuments: a Rebuttal to Commentators who Support Trump’s Actions to Undo Public Lands Protections
This post is co-authored with Sean Hecht. For the past three months, Secretary of the Interior Ryan Zinke has been reviewing some of the national monuments designated under the Antiquities Act by Presidents Obama, Bush, and Clinton. Since the end of last year, we and others at Legal Planet have been writing on the scope …
CONTINUE READINGThere Once Was a Man From Trump Tower . . .
Some commentary of a lighter sort.
Here are a few diversions for a warm summer morning. I hope you enjoy them. A Man Called Scott Pruitt There once was a man called Scott Pruitt, Who said, “Why, there’s nothing to it! “You undo all the regs, “Cut them off at the legs, And tell all the polluters, ‘go to it!’” …
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CONTINUE READINGDid Trump Just Accidentally Endorse Climate Action?
There’s a hidden zinger in the G-20 statement about curtailing greenhouse gases.
It escaped everyone’s notice, possibly including the U.S. delegation, but buried in the G-20 Declaration is an endorsement of the need to cut greenhouse gases. This paragraph precedes the two reflecting disagreements about the Paris Agreement, and this particular paragraph purports to reflect the views of all twenty leaders, including Trump. There are three paragraphs …
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CONTINUE READINGThe Dangerous Politics of Nostalgia
It’s a good idea to look in the direction you’re traveling, not backwards to your past.
In an airport, I recently saw a sign above the moving walkway advising us to face in the direction we were traveling. That’s sound advice for life in general and policy making in particular. It’s a recipe for failure to try to restore the past rather than looking toward the future. Unfortunately, rather than embracing the future, …
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CONTINUE READINGWhat Happens if the U.S. Remains in the Paris Agreement?
How does an Administration that has Repudiated Climate Change and Climate Policy Respond?
Although I have previously argued that we might be better off if the Trump Administration withdraws from the Paris Agreement, the odds seem higher that Trump will choose to remain in. He can appease his daughter and son-in-law, appear to be reasonable, and give up very little by remaining in. If he makes this …
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CONTINUE READINGLook Out Below!
U.S. Supreme Court Signals Interest in Key Environmental Law/Federal Preemption Case From California
The U.S. Supreme Court today signaled that it is seriously considering whether to review an important environmental law case from California–one in which the California Supreme Court previously ruled that California’s ban on environmentally-damaging suction dredging in state rivers is not preempted by federal law. The case is People v. Rinehart, U.S. Supreme Court No. 16-970. …
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CONTINUE READINGPoliticians and Commentators Who Criticize Recent National Monuments Are Making Up Their Own Version of History
Republican Presidents from Teddy Roosevelt to Herbert Hoover Designated Millions of Acres Under the Antiquities Act
As several colleagues and I noted here recently, President Trump recently issued an executive order that will result in “review” of national monuments created since 1996. (The Antiquities Act grants Presidents the authority to reserve federal lands as national monuments, protecting them from much new resource extraction and development that would otherwise potentially be available on those …
CONTINUE READINGTrump’s EPA Budget in Perspective
An new analysis highlights how harmful the cuts would be.
The Environmental Protection Network, a coalition of former EPA professionals, has issued a detailed analysis of Trump’s proposed EPA budget. We knew the proposal was bad, but the new analysis shows just how damaging the proposed cuts would be on many different dimensions. Here are a few key takeaways. First EPA’s budget is already lean. Adjusting …
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