Trump Administration
Protecting the federal estate
Understanding the Property Clause’s location in Article IV clarifies the power of Congress and the federal government to protect public lands
In my previous blog post, I discussed how the location of the Property Clause in Article IV can help answer key debates about congressional versus executive power under the Clause, as well as federal versus state power under the Clause. Here I want to draw on the principles I developed in the prior blog post: …
Continue reading “Protecting the federal estate”
CONTINUE READINGTaking Article IV Seriously
How “horizontal federalism” can help us understand federal power over the public lands
Can the President unilaterally end fossil fuel leasing on federal lands? Or does this policy decision require Congressional intervention? Can the President unilaterally terminate existing National Monuments that protect federal public lands from development? Or does this policy decision also require Congressional intervention? Does federal law preempt state law on federal lands? Or does the …
Continue reading “Taking Article IV Seriously”
CONTINUE READINGAfter the Court Rules: Gaming out Responses to a Cutback in EPA Authority
The Supreme Court is almost certain to cut back on EPA’s power to regulate greenhouse gases. What then?
In West Virginia v. EPA, the Supreme Court is reviewing Obama’s Clean Power Plan. The Clean Power Plan (CPP) itself no longer has any practical relevance, but there’s every reason to predict the Court will strike it down anyway. The ruling will also restrict EPA’s future options. The big question is what the Biden Administration …
Continue reading “After the Court Rules: Gaming out Responses to a Cutback in EPA Authority”
CONTINUE READINGBiden Undoes NEPA Rollback
Trump tried to keep climate change out of environmental impact statements. Biden was right to scotch that effort.
Yesterday, the White House undid an effort by the Trump Administration to undermine the use of environmental impact statements. The pre-Trump rules had been in effect since 1978. Restoring the 1978 version was the right thing to do. The Trump’s rules arbitrarily limited the scope of the environmental effects that EPA can consider. Their goal …
Continue reading “Biden Undoes NEPA Rollback”
CONTINUE READINGOne Year and Counting
How does Biden’s first year compare with Trump’s? Biden has been much more effective.
If you compare Biden’s performance with his promised agenda, the first year has been disappointing. If instead you compare him with his predecessor, Biden has done more to achieve his environmental goals. The difference is that Trump was judged on the basis of his rhetoric, while Biden is judged based on his achievement. Four years …
Continue reading “One Year and Counting”
CONTINUE READINGThe Least Surprising Disaster in History
Some disasters come as shocking surprises. Climate change is the opposite.
Whatever you want to say about climate change, you can’t say we’ve been blindsided. The US has had decades to take action against climate change, and we spent nearly half that time deliberately making things worse. Scientists have had reasons for concern about climate change for over a century, and the first government report on …
Continue reading “The Least Surprising Disaster in History”
CONTINUE READINGWhat to Be Thankful For (2021 edition)
Here’s the one thing environmentalists should be most thankful for this year.
If there is a single thing for environmentalists to be thankful for this year, it is simply this: the virulently anti-environmental Donald Trump is no longer in the White House. My Thanksgiving post last year began, “Nearly four years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a …
Continue reading “What to Be Thankful For (2021 edition)”
CONTINUE READINGThe Last Four Years — and the Next Four
How did our predictions about Trump hold up? What should we expect for Biden?
In September 2017, Eric Biber and I published a threat assessment after the first 200 days of the Trump Administration. For those who have buried their memories of that time, those were days of shock and despair about the future of environmental protection (and much else). It seems time to bring our report up to …
Continue reading “The Last Four Years — and the Next Four”
CONTINUE READINGDisaster Mismanagement
12 Lessons from the COVID response in how NOT to manage a crisis.
The Trump Administration’s bungling of the coronavirus pandemic surely should feature in management textbooks. Just about everything that could go wrong, did go wrong. Some of the problems derived from having a top manager who was fundamentally indifferent and seemingly incapable of grasping basic facts. But other problems were due to inability to manage the …
Continue reading “Disaster Mismanagement”
CONTINUE READINGHow Harmful Was Trump’s COVID Response?
We know it was bad, but how much of the U.S. death rate can be attributed to him rather than circumstances?
The U.S. COVID response went badly in 2020. How much was because Trump was Trump? That is, if Trump had been a moderately competent but imperfect leader, facing a diverse population with a significant resistance to public health measures, how many lives would have been saved? That’s not a question that anyone can answer with …
Continue reading “How Harmful Was Trump’s COVID Response?”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
