Administrative Law

Bring Back “Trump Classic”

Trump 2.0 Public Domain photos

The original version of Trump was bad. The current version is much worse.

Trump has succeeded in his second term in making every past President including even himself look better. We’re now almost a year and a half into Trump’s second term. From almost every point of view, it’s worse than his first term.  It reminds me of the “New Coke” that Coca Cola once introduced, which was a disaster that led to the reintroduction of what was then dubbed “Coke Classic.”  Trump Classic was committed to fossil fuels and eliminating environmental protections. But in almost every respect, his policies were less radical and his methods were less drastic.

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Project 2025 Was Awful. Trump Has Been Worse.

The cover of what has been referred to as Project 2025, which reads, "Mandate for Leadership: The Conservative Promise".

Trump disowned Project 2025. In retrospect, it seems like he considered it too moderate.

When the Heritage Foundation released Project 2025, there was a big hullabaloo, and Trump quickly disowned it.  Bad as it was, however,  it appears  Project 2025 apparently failed to anticipate the full sweep of Trump’s second term.  Many of Trump’s actions mirror Project 2025 recommendations, but in some key areas he’s gone much further.   Here …

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Why Does the Trump Administration Keeping Attacking Science?

Apparently, the Administration views science as fatally infected with woke ideas and lacking much other value.

Make no mistake, the Trump Administration is engaged in a serious, carefully honed, effort to undermine American science. The National Science Foundation has lost a third of its staff, while the National Institutes of Health have lost 20%. EPA’s science office is being shuttered. Trump’s proposed budget included a 54% cut for NSF, 12% for NIH, and 46% for NASA’s space research. And last week, the government proposed changes to politicize research funding decisions at the expense of merit review. It also proposes making continuation of long-term funding dependent on political whim, which will drive researchers away from projects taking longer commitments.

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Trump versus Cost-Benefit Analysis

EPA’s disavowal of CBA is the culmination of a longer assault.

EPA recently said it would no longer try to quantify the harms done by the two most serious, widespread air pollutants. Given that these are the most fully understood of all  environmental impacts, it’s not clear what future regulations, if any, might be still subject to cost benefit analysis.  This didn’t come out of the blue. Rather, it is the culmination of a series of steps that began when Trump took office in 2017.  By 2018, Trump’s executive orders and other administration actions had led me to write a post about “the rise of benefit-blind analysis.”  Little did I know what was coming down the road.

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The Story of California’s Advanced Clean Trucks Regulation

Three blue and grey trucks lined up side to side behind a green text box which says "California's Advanced Clean Trucks Regulation: Key Decisions and Stakeholder Impact".

New CLEE report & webinar tells the story of this first-of-its-kind supply-side regulation for zero-emission trucks

California has been a global pioneer on electric vehicles, and that leadership extends to zero-emission trucks. To address the pollution and disproportionate impacts on disadvantaged communities, the California Air Resources Board (CARB) adopted the first-of-its-kind Advanced Clean Trucks (ACT) regulation in 2020. This landmark standard required truckmakers to begin selling zero-emission versions (such as battery …

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The Path to Abundance, Part VI

Abundance reforms at the federal level may have the most political success if they are low-salience, and elite driven

This is the sixth post in a series of six 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. As I discussed in my last blog post, the politics of abundance reform are difficult.  Reform often requires short-term …

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The Path to Abundance, Part V

Abundance reforms will require consensus and trust, which are in short supply in American politics

This is the fifth post in a series of six posts.  The first post is here.  The second post is here.  The third post is here.  The fourth post is here. In my last post I noted some important political challenges to abundance reforms: It is unlikely that they will produce immediate political benefits, but …

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Judicial Review of the Hegseth Gambit

A headshot picture of Pete Hegseth.

Hegseth and the “God Squad” may have just stepped into a morass. 

As expected, the Endangered Species Committee issued a blanket exemption, preventing any challenges to oil and gas drilling in the Gulf that threaten endangered species. Hegseth’s request for the exemption is premised on the existing (but possibly insufficient) protections that the government is currently giving endangered species. Thus, it’s not quite a license for Exxon to send out harpoon boats to kill off whales. It does, however, raise the suspicion that the current protections are grossly inadequate and that the government expected to lose in court, before in effect breaking the glass and pulling the red emergency lever. 

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The Path to Abundance, Part IV

Abundance reforms may not produce immediate political benefits, and may see significant backlash

This is the fourth post in a series of six posts.  The first post is here.  The second post is here.  The third post is here. As I discussed in my last blog post, abundance policy reforms will necessarily require tradeoffs, which leads us to politics.  Will the political context allow for making decisions about …

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The Path to Abundance, Part III

Abundance reforms will pose difficult tradeoffs, including with environmental goals and public participation

This is the third post in a series of six posts.  The first post is here.  The second post is here. The reforms that abundance advocates have proposed are varied, in part because they target a wide range of policy areas.  I will begin with housing as an example of the reforms being proposed – …

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