Federal Climate Policy
Climate Lawsuits Now a Matter of Life and Death
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
What a week for watchers of climate litigation. Big new filings, claims of death and destruction, a landmark ruling, and a juicy hearing all in the span of 36 hours. First, there was what the New York Times described as “the first wrongful death lawsuit” to be brought against oil and gas companies over claims …
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CONTINUE READINGEnvironmental Rollbacks: Will the Trump Administration Overplay Its Hand?
The odds are good that Trump agencies will go too far out on a limb.
The Trump Administration’s tendency to rely on bold legal arguments rather than detailed technical ones is a disadvantage in court. Courts defer to agencies on factual matters, especially those that involve technical expertise. Now that Chevron has been overruled, however, legal arguments by agencies don’t get the same deference. Thus, the chances of a judicial reversal are higher when the agency relies on purely legal grounds.
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 READINGWorthwhile Canadian Initiative! Really!
McGill University’s Sustainability Academic Network provides a useful — and potentially crucial — new platform.
About a week ago I got an email from McGill University’s Juan Serpa, asking me to join a new platform — the Sustainability Academic Network (SUSAN) — that contains literally thousands of datasets, academic papers, conferences, jobs, grants, local events, and institutes all devoted to sustainability. Great. Happy to do it (especially since they found …
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CONTINUE READINGDefunding the Energy Transition
The President Proposes Deep Cuts to Climate and Clean Energy Spending for FY 2026
On May 2nd, the White House released what is generally referred to as a “skinny” budget request outlining priorities for discretionary spending for fiscal year 2026. A full federal budget proposal is expected later this month. The “skinny” budget contains, by the White House’s calculations, $163 billion in non-defense discretionary spending cuts, which it argues …
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CONTINUE READINGThe Good, the Bad and the Utter Contempt
The Drain is a weekly roundup of climate and environmental news from Legal Planet.
The news this week has me remembering my grandpa teaching a young me to turn off the tap while brushing my teeth. (Hey, I was an ignorant East Coast kid.) This was in California’s Central Valley around 1990 when drought conditions flared and the federal government cut water deliveries. What was the news story? What …
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CONTINUE READINGThe Chutzpah is Stunning
The Trump Administration is suing to block state climate lawsuits based on Clean Air Act Preemption.
If nothing else, you have to give credit to the Trump Administration for incredible gall. Yesterday, the Department of Justice filed suit against Michigan and Hawaii seeking to stop those states from filing lawsuits against fossil fuel companies for climate damages. The fact that DOJ is seeking to prevent even the filing of the lawsuits …
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CONTINUE READINGDoes Deregulation Hypercharge the Economy?
If the economics effects are that huge, you’d expect the unemployment rate reflect major regulatory or deregulatory moves. It doesn’t.
EPA’s head sats that “EPA will be reconsidering many suffocating rules that restrict nearly every sector of our economy and cost Americans trillions of dollars.” If regulation and deregulation are that big a deal economically, we should clearly see their imprint on unemployment. It turns out that even the biggest regulatory and most dramatic deregulatory actions have no discernible effect on the job market.
CONTINUE READING100 Days of Fear & Loathing in Climate World
The Drain is a weekly roundup of climate and environmental news from Legal Planet.
Are you tired of the words “100 days”? “In his first 100 days the Trump administration has slashed federal agencies, canceled national reports, and yanked funding from universities,” Grist puts it. “One hundred days of anti-environmental mayhem,” says Dan Farber at Legal Planet. My UCLA colleague Ann Carlson is quoted by the New York Times …
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CONTINUE READING100 Days of Anti-Environmental Mayhem
A flood of anti-environmental initiatives threatens to undo decades of progress.
the Administration has withheld funding for clean technology, denounced the very idea of environmental justice, and begun a campaign to gut environmental agencies. And that’s only the first hundred days of Trump’s second term.How far Trump gets with this anti-environmental jihad will depend partly on the courts but mostly on politics. Events relating to the economy and provision of basic government services are likely to have as much impact on how things play out than anything specific to the environment.
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