Federal Climate Policy

Which Effects Count?

Conservatives argue that only the effects that they care about should matter.

Not that long ago, conservatives demanded that the government balance costs and benefits.  They still do, but with a twist: They demand special limits on consideration of environmental effects. But that makes no sense.  Whatever rules we have about costs should apply to all types of costs, and the same with benefits.  The result of the skewing the analysis is, not surprisingly, that we get conservative results more often.

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Why Does Misinformation Follow Extreme Weather?

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

Nowadays when an extreme weather event strikes in America, what follows is a secondary emergency in the form of misinformation on social media. We’ve seen it play out after floods and heat waves, but this phenomenon really goes into overdrive after hurricanes and wildfires. A recent report from the Center for Countering Digital Hate looked …

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The Woeful Economics of a Misguided Rollback

The costs of Trump’s rollback of key climate rules far outweigh any benefits.

Trump’s rollback of regulations limiting emissions from power plants is an economic disaster. According to economists, health damages far exceed savings from lower compliance costs. Just considering health impacts alone, the net cost of the rollback will be $129 billion through 2050. Climate damages add another $148 billion in costs.

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Dear 2025 1L:

Avoiding a climate disaster isn’t something today’s students can plan on tackling “over the course of their careers.”  The most critical time will be the next fifteen years, which means you’ll need to get to work quickly.What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So grab your books, get yourselves ready, and be prepared to head for the trenches when you graduate. No time to waste!

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The Energy Secretary Pushes Pseudoscience

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

Remember alternative facts? That catch phrase from Season 1, Episode 1 where Trump officials lied about the size of his inauguration crowd has now metastasized into a governing philosophy for how federal agencies plan to ignore, and ultimately exacerbate, the climate crisis. Trump 2.0 is pushing alternative science. Late last month, Energy Secretary Chris Wright …

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China is Kicking Our Ass at Our Own Game

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

The first time I saw a Chinese-made EV on the road I was walking on a crowded sidewalk in São Paulo. It was a Saturday night this May, when the whole city seemed to be out enjoying the warm weather. A street rave took over an entire block so to keep moving, we pedestrians had …

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Listing Trump’s Environment and Energy Executive Orders

I’m counting 35 so far. But I wouldn’t be shocked to learn that I’d missed something.

I’ve put together a list of all the Trump 2.0 executive orders that I could identify dealing with environment or energy.  Just to keep you reading, I should tell you that the most important ones are near the end. Whatever you might say about Trump, no one can question his zeal for eliminating environmental protections.

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Why Repeal the Endangerment Finding?

The aims may be overturning Mass v. EPA and avoiding new rulemakings.

Much will be said about the weakness of the various justifications EPA and the Department of Energy offered yesterday about why greenhouse gases do not endanger public health and welfare under the Clean Air Act.  Those justifications are, indeed, remarkably weak. For example, DOE’s argument  that economic damages appear to be lower than economists estimate …

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States Become “Norm Sustainers” on Environmental Justice

Guest Contributor Sharmila L. Murthy explains how state Attorneys General are acting as important counterweights to the federal government on environmental justice.

Guest contributor Sharmila L. Murthy is a Professor of Law and Public Policy at Northeastern University In the wake of misleading and inaccurate characterizations by the Trump Administration that wrongly label environmental justice activities as illegal discrimination, the Attorneys General of California, Massachusetts, and New York, joined by the Attorneys General of Arizona, Connecticut, Delaware, Hawaii, Illinois, Maryland, Minnesota, …

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Trump’s Funniest Executive Orders

Yes, they’re destructive and often cruel. But sometimes, they’re also unintentionally funny.

Imagine some later historian flipping through the pages of the Federal Register and coming upon Executive Order 14264, “Maintaining Acceptable Water Pressure in Showerhead.” Think of it: he went to incredible lengths to attain the ultimate power, and this is what Trump does with it.  Or there’s the one where he aims the full might of the U.S. government at the goal of “Ending Procurement and Forced Use of Paper Straws.”   Who says Americans can’t dream big anymore?   

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