Administrative Law
No, DOE, You Can’t Roll Back Product Efficiency Standards
Congress wanted greater energy efficiency over time and banned rollbacks.
The Department of Energy is proposing to rescind key energy efficiency requirements. It is beyond ironic that it is attempting to do so at a time when the President has proclaimed an energy emergency. Trump says the grid is struggling desperately to meet surging power demand. That’s a strange time to eliminate regulations that are saving energy. DOE’s action is also illegal, because the law in question has a provision prohibiting rollbacks. Congress wanted efficiency standards to get tougher over time and included an anti-rollback provision to make sure of that.
CONTINUE READINGEPA Steps Through the Looking Glass
You can’t accuse EPA of hiding the ball. It has announced its new mission: promoting fossil fuels.
You might have thought the prime mission of the Environmental Protection Agency was protecting the environment. Lee Zeldin, the Trump appointee running EPA, has a different idea: “The EPA is going to aggressively pursue an agenda powering the Great American Comeback… that’s our purpose, and it’s what will keep us up at night.”
CONTINUE READINGPrecedent, the Trump Administration, and Endangered Species
A new Trump Administration initiative misinterprets the overruling of Chevron
The Trump Administration’s effort to strip away protections under the Endangered Species Act that had previously been upheld by the Supreme Court. The Administration seems to think they’re entitled to ignore that earlier decision because it was decided under the Chevron test and Chevron has since been overruled. They’re wrong. If it wishes to change the existing interpretation, the agency must give a reasoned argument for doing so that discusses the relevant policy issues, including reliance and the impact of its decision on endangered species.
CONTINUE READINGMAGA vs NOAA, Executive Orders, and Growing IRA Support
The Drain is a new weekly roundup of climate and environmental news from Legal Planet.
Trump wants to “Make Weather a Mystery Again.” The news that started leaking last Friday is that the Trump administration wants to break up the National Oceanic and Atmospheric Administration and essentially end NOAA’s climate work by abolishing its primary research office and forcing the agency to instead help boost U.S. fossil fuel production, according …
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CONTINUE READINGSenate Parliamentarian Confirms that California Waivers Are Not Subject to the Congressional Review Act
Will Republicans honor her determination?
As I have previously written, the Trump Administration is attempting an end run around the administrative process it is supposed to follow if it intends to revoke the waiver California received for three important programs to cut air pollutants from cars and trucks. You can find the details about this end run around — using …
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 READINGUCLA Law Professors Condemn Attacks on the Rule of Law
A letter to students with 106 signatories expresses collective condemnation of the Trump Administration’s attacks on the rule of law.
A huge group of UCLA Law professors sent a letter to our students yesterday expressing our collective condemnation of the Trump Administration’s attacks on the rule of law. In doing so we join colleagues from other institutions and law deans in voicing our concerns. Here is an important excerpt from the letter: Lawyers have special …
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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 READINGDissecting the Attacks on the Endangerment Finding
EPA has identified four different arguments against the endangerment finding. None have merit.
In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare. Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider that finding. Few independent observers believe EPA will succeed, but the issue is important enough to warrant a close look. Here’s a deep dive.
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