Trump Administration

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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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Politicians 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 …

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Trump’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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A Motley Crew

Trump has placed about a dozen people in EPA. They’re already causing problems.

ProPublica has a list of Trump appointees to agencies. They can be aptly described as a motley crew. The most significant is probably Senior White House Advisor Donald Benton, a former Washington State senator and Trump’s regional campaign manager. Once ran a county environmental office. According to the Seattle Times, “he has an almost perfect …

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The Car Industry’s Rollback Effort — Disappointing But Not Surprising

The struggle to force the car industry to cut pollution goes back six decades.

The car industry is appealing for President Trump’s help against stricter carbon standards for cars. The industry’s action is disappointing for those who believed industry claims to embrace sustainability and technological innovation. There’s no good excuse for the industry’s about-face on a regulation it had originally agreed to.  As one of the architects of the …

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“States’ Rights” and Environmental Law: California on the Front Lines

EPA’s Assault on Air Quality Protection Will Aim at California’s Standards, While Other States Have Given Up Their Authority to Protect Public Health and the Environment More Strictly

This article just published in the Atlantic explains well one of the many ways that EPA Administrator Scott Pruitt may attempt to deeply harm our environment for decades to come: through declining to grant, or revoking, the waivers that allow California to regulate air pollution from new motor vehicle engines more strictly than the federal government does. …

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Trump’s Budget Cuts: Even Worse Than You Thought

As you dive into the details, things keep looking worse.

Trump is proposing huge cuts to EPA and other agencies. That’s bad enough. We’re beginning to learn more details, and the message is grim.  While these cuts may not emerge from Congress at the end of the day, they do express the Administration’s goals. In particular, they demonstrate that the Administration is deeply hostile to environmental science and …

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Using Scalia Against Trump

An anti-environmental opinion by Scalia could provide ammunition against Trump.

As environmentalists search for weapons to use against the Trump Administration, one place to turn could be an important opinion by Justice Scalia – one that many of us criticized sharply at the time. The case in question, Michigan v. EPA, involved mercury emissions from power plants, in which the Supreme Court instructed EPA to consider regulatory …

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Earth Day, 2017 Should Be The Next Massive Rally

The 47th Earth Day falls this year on April 22, a Saturday.  The fortuity of a weekend date makes Earth Day the perfect opportunity to marshall the energy of the wildly successful Women’s marches around the world to demand that Congress and the Trump Administration protect our planet (hat tip to Emmett Fellow Julia Forgie …

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Bears Ears: A Monumental End to the Obama Era

Will the Antiquities Act survive the new administration?

With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in …

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