Trump Administration
100 Days of Anti-Environmental Mayhem
A flood of anti-environmental initiatives threatens to undo decades of progress.
the Administration has withheld funding for clean technology, denounced the very idea of environmental justice, and begun a campaign to gut environmental agencies. And that’s only the first hundred days of Trump’s second term.How far Trump gets with this anti-environmental jihad will depend partly on the courts but mostly on politics. Events relating to the economy and provision of basic government services are likely to have as much impact on how things play out than anything specific to the environment.
CONTINUE READINGWhat’s the Harm?
Tentative thoughts on Trump Administration’s proposed repeal of the ESA regulation defining harm
The administration has proposed revoking the definition of harm in the regulations implementing Section 9 of the Endangered Species Act (ESA). Section 9 is the section of the ESA that prohibits taking a member of a listed species. The change is significant because that definition of harm included, in some circumstances, actions that modify the …
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CONTINUE READINGDay After Earth Day, the Climate Pope, and the 89%
The Drain is a new weekly roundup of climate and environmental news from Legal Planet.
Environmental journalists everywhere are breathing easier this morning. They made it through Earth Day — one of two insufferable seasons of cliche, inane PR pitches clogging their inboxes. (The other? The 2-week UN Climate Conference each fall.) Environmental advocates are breathing a little easier too, because the White House blinked first in the war of …
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CONTINUE READINGIs Trump Good for the Oil Industry?
Not particularly, it would appear. If there’s an effect, it’s not big enough to hit the eyes.
No doubt, the industry would rather have Trump in office than Harris. But the effect on industry profits may only be incremental. It would be great to see a rigorous statistical analysis by a finance expert, but a bump to oil profits isn’t obvious in share prices.
CONTINUE READINGTrump’s Discordant Coal Quartet
Yesterday’s four executive orders were long on talk and short on action.
Yesterday, flanked by a coal miners in hard hats, Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster, but will have little immediate effect. These orders give the same impression as many executive orders — that Something Important is Being Done — but they are really more in the way of promises of future action.
CONTINUE READINGWhat if DOGE Came for the NFL?
This is what it looks likes like when DOGE takes on a new task.
We know what DOGE is doing to the government. But why stop there? What if they got loose on another part of U.S. society, professional sports? Here’s a picture of what that could look like. June 2026 June 30. New Trump Order: DOGE to Fix Football (NY Times) Trump on Truth Social: “Too long have …
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CONTINUE READINGJust How Endangered is Clean Energy?
The Trump administration wants to slow the U.S. clean energy transition. Will it put energy investments in a deep freeze or a temporary chill?
Business investment decisions rely on stability. And stability is in short supply so far in this Trump administration. Instead, we’ve seen an erratic blitzkrieg of activity on tariffs, federal funding, and deregulation that has spooked all sorts of industries. That’s partly why Heatmap News has declared Trump “Degrowth Donald,” and why my Legal Planet colleague …
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CONTINUE READINGCorroding the Separation of Environmental Powers
“Who decides?” is the first question to ask about a policy issue. Trump’s answer is “me.”
Biden took actions that federal courts ruled exceeded statutory authority, raised separation of powers issues, or threatened federalism. The difference is that Trump has used brute-force attacks on agencies plus extortion against states rather than taking overt legal actions that courts can review.
CONTINUE READINGThe Downsides of Ping Pong Governance
Judicial review, by moderating policy swings, may be important to facilitating long-term investment
I’ve written about debates over permitting reform and other versions of regulatory streamlining to support the development of infrastructure that we need to address climate change. Another view, well articulated by Nicholas Bagley at University of Michigan, is that the problem is more fundamental: Excessive focus on governmental procedures and process, reinforced by searching judicial …
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CONTINUE READINGThe CRA and the filibuster
Expanding the scope of the CRA might also result in weakening the filibuster
This is the third in a series of blog posts examining the possible application of the Congressional Review Act (CRA) to California’s waivers under the Clean Air Act allowing the state to issue its own emissions standards for motor vehicles. The first post is here. The second post is here. Another possible implication of applying …
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