Trump Administration
What Next for Climate Policy?
The election outcome is still contested. Here are three possible scenarios.
We probably won’t be sure for a while who will be our next President. The GOP will probably control the Senate but even that isn’t completely certain yet. Rather than play forecaster, I thought it would be helpful to look at how various outcomes will impact climate policy. Since we’re all suffering a lot of …
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CONTINUE READINGWhat Could Trump Do with Four More Years?
He’s already rolled back almost everything Obama did. What next?
Given that Trump has rolled back nearly all of Obama’s regulatory efforts, what further harm could he do? Quite a bit as it turns out. If you agree with him that regulation achieves nothing and only stands in the way of prosperity, that should make you very happy. To begin with, Trump can do more …
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CONTINUE READINGToxic Releases? Botched Drug Trials? — Not a Problem, in this Administration
The Trump Administration has essentially dropped enforcement of environmental laws and clinical trial requirements.
The easiest way to gut regulations is simply to stop enforcing them. That tried and true technique has been enthusiastically embraced by the Trump Administration. That’s been long suspected in terms of environmental law. Shockingly, the Administration has also mostly given up on enforcing the standards for conducting clinical drug trials. The breakdown in FDA …
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CONTINUE READINGWhat They Said About Climate Last Night
It was late in the debate and hard to follow. But the exchange about climate change was important.
There was actually a substantive discussion of climate change at the debate last night. Many people had literally tuned out by then. Others were too distracted by Trump’s interruptions. Here are the key things that were actually said, culled from a transcript of the debate. Wallace: . . . Mr. President, you said, I don’t …
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CONTINUE READINGShould a New Congress Use a Deeply Flawed Law to Cancel Trump’s Regulations?
The Congressional Review Act was Newt Gingrich’s brainchild. It should be repealed.
The Congressional Review Act (CRA), part of Newt Gingrich’s “Contract With America”, slumbered for many years in obscurity. Then, in 2017, Congress dusted it off and used it to kill fifteen Obama administration regulations. I’m not the first to ask whether there should be payback if the White House and Senate change hands. There are …
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CONTINUE READINGFighting Global Warming in a Chilly Judicial Climate
A 6-3 conservative court is bad news for climate action. Here’s a threat assessment.
With Romney’s announcement this morning that he would support consideration of a nominee before the election, it now seems virtually certain that Trump will be able to appoint a sixth conservative Justice. How will that affect future climate policy? Here is a preliminary threat assessment. The answer varies, depending on what policies we’re talking about. …
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CONTINUE READINGRebuilding Environmental Protection
It will take years to fully recover from the damage of the Trump era. We will need some new ideas.
After almost four years of Trump, federal environmental protection is in about the same shape as Western Europe at the end of World War II, filled with bomb craters and destruction. If the election turns out in Biden’s favor, he will be faced with the task of rebuilding from the smoking ruins. Here are some …
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CONTINUE READINGCoal Takes a Nosedive
Despite Trump’s efforts to save it, the most environmentally destructive fuel is fading quickly.
In the 2016 election, Trump pledged to save coal. Since then, his Administration has pulled out all the stops in this effort, including repeal of dozens of environmental regulations. All for naught. In 2021, U.S. coal use will be 30% below what it is when Trump took office. Coal’s immediate situation is even worse, due …
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CONTINUE READINGManaging a Pandemic, Enron-Style
The Administration’s management harkens back to a spectacular business collapse at the turn of the century.
Think of this as a parable. I’ll draw out some parallels at the end with the Trump Administration’s handling of the coronavirus, as detailed in a story in Sunday’s Washington Post. But first I’ll let you make some of the connections yourself. The Trump team’s triumph in 2016 was one of the great upsets in …
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CONTINUE READINGClimate Litigation 2020
Here’s the state of play and some thoughts about the future.
Trump Administration has been a fertile source of litigation. With the election only about three months away, this seems like a good time to see how things stand in climate-related case. In a nutshell, climate litigation has been a growth industry under Trump, and the Administration has done poorly in court. The Current State of …
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