Administrative Law
What Happened to EPA Enforcement?
Enforcement efforts peaked long ago and have been in long-term decline. Trump will accelerate that.
There has been a long-term decline in EPA enforcement since the late Bush Administration. The numbers raise three questions: What’s behind the long-term trend? Why has pollution generally continued to decline despite weaker enforcement? And how bad will things be under Trump II? As to the third question, Trump has already made it clear that we can expect environmental enforcement to crash and burn in the next four years.
CONTINUE READINGExecutive Disorders
One after another, Trump has let loose destructive blasts at the environment to promote fossil fuels, mining, and logging.
We all know that Trump has issued a slew of executive orders since taking the oath of office. We also know that many of these are aimed to promoting fossil fuels, mining, and logging at the expense of the environment, while disfavoring renewable energy. Still, it’s impressive when you put the list together to see the full onslaught.
CONTINUE READINGNo, 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 …
Continue reading “MAGA vs NOAA, Executive Orders, and Growing IRA Support”
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 …
Continue reading “What if DOGE Came for the NFL?”
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 …
Continue reading “UCLA Law Professors Condemn Attacks on the Rule of Law”
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 READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
