Trump Administration
Saving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
CONTINUE READINGTrump Goes to War Against Environmental Justice
Apparently it’s “woke” to worry about excessive pollution in minority communities.
There is little or no basis for Trump’s claim that Clinton environmental justice order violated either civil rights laws or the Constitution. Trump’s embrace of this extremist view is an indication of just how much more radical his second term may be compared with his first. The law does not require the government to close its eyes to the harm its own policies may be causing to minority communities.
CONTINUE READINGTrump’s War Against NEPA
One of Trump’s Executive Orders Heralds a Revolution in NEPA Practice
What’s going on here is pretty obvious, It’s not “improving environmental rules.” No, the title of the subsection is “Unleashing Energy Dominance through Efficient Permitting.” Anything that gets in the way of fossil fuel development – which is what Trump means by energy dominance – is going to get steamrolled. Including the environment.
CONTINUE READINGSurfing the Wave of Executive Orders
As an old song says, “Mama Miá, here we go again!”
One thing that no one can deny is that Trump is brilliant at political theater. People overlook the importance of that at their peril. But theater isn’t reality, and it remains to be seen how many of the grand gestures Trump made today will eventuate in law.Presidents love issuing executive orders. It’s easy to do, and many people will credit the president with major accomplishment. But really, as someone recently said, an executive order is “just a memo on fancy letterhead.”
CONTINUE READINGDid California Policies Make the LA Fires Worse?
California’s environmental and climate regulations did not make the climate-fueled Palisades and Eaton fires more destructive or harder to fight. Here’s why.
We know climate change is partly to blame. Are California’s environmental policies regarding land and water management also to blame for the supercharged firestorm that has ravaged Los Angeles? It’s not just conspiracy theories on social media or misguided news stories; that’s the position of some congressional Republicans and President-elect Trump, who hold power over future …
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CONTINUE READINGGovernment by Reconciliation
The reconciliation process avoids the risk of a Senate filibuster. But it comes wth procedural and political complications.
The GOP’s efforts to accomplish a big agenda through the reconciliation process will face serious complications. The Byrd rule limits the use of reconciliation to achieve non-budgetary purposes. A razor-thin House majority and factional warfare will make it hard to reach deals, as will Trump’s (& Musk;s) distaste for compromise.
CONTINUE READINGTesla’s Trajectory
What do recent developments teach us about the world?
Recent news about Tesla sheds light on the company’s future, the global EV market, crony capitalism, not to mention the state of American democracy. It may also say something about Elon Musk’s role in the company. That’s a lot of information wrapped up in Tesla’s stock prices and related developments. Overall, this is good news for the environment but bad news for democracy.
CONTINUE READINGWhat to Expect When You’re Expecting Trump: Looking Ahead to 2025
Before even taking office, Trump has confirmed that “normality” is out the window.
Trump’s strategy involves appointing inexperienced administrators and to alienate or eliminate the experienced public servants who could help them implement their policies effectively.The good news is that Trump has not learned the lessons of his first administration and continues to think that ideology and bravado can substitute for competence. The courts are likely to tell him otherwise.
CONTINUE READINGLooking Ahead to the Second Trump Administration
Does the IRA have staying power?
This is the seventh in a series of posts. The first post is here. The second post is here. The third post is here. The fourth post is here. The fifth post is here. The sixth post is here. The incoming Trump Administration has, of course, called for ending efforts to reduce greenhouse gas emissions, …
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CONTINUE READINGGood & Bad Environmental News From the U.S. Supreme Court
Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority
This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia. Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …
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