Federal Climate Policy
Litigating Against Trump
Trump’s agencies had a terrible litigation record the first time. It will probably get better – but not that much better.
In his first term, Trump’s litigation record was awful – winning only one case in four by some estimates.The Trump folks should do a better this time. But they may not improve that much, and could still lose more often than they win. Money invested in litigating against the Administration will be well spent. Meticulous attention to evidence and legal requirements is likely to remain a weak point.
CONTINUE READINGJoe Biden, Hail and Farewell
His climate actions will resonate far into the future.
Joe Biden is about to vanish from the political scene, but not from the history books. The last election casts a pall on his reputation, as does his unpopularity. But history may be kinder, as it has been for Harry Truman and Jimmy Carter. Beyond all else, he has been our best president yet on climate policy. For our descendants, that will matter a lot more than a couple of years of inflation that impacted their ancestors.
CONTINUE READINGTalking Climate Policy with an Energy Economist
An interview with leading energy expert Catherine Wolfram
Catherine Wolfram, a leading energy economist who has researched the impact of the Inflation Reduction Act, shares her views of the impact of the IRA, its likely fate, and the energy policies of the incoming Trump Administration. Wolfram served as the Deputy Assistant Secretary for Climate and Energy Economics at the US Treasury in 2021-2022
CONTINUE READINGWhat to Expect When You’re Expecting Trump: Looking Ahead to 2025
Before even taking office, Trump has confirmed that “normality” is out the window.
Trump’s strategy involves appointing inexperienced administrators and to alienate or eliminate the experienced public servants who could help them implement their policies effectively.The good news is that Trump has not learned the lessons of his first administration and continues to think that ideology and bravado can substitute for competence. The courts are likely to tell him otherwise.
CONTINUE READING2024: Ending on a Dark Note
It was a pretty good year for the environment – until November 5, that is.
2024 ended on a grim note for anyone who cares about the environment. Donald Trump is once again in the White House. His record in the first term made him in the most anti-environmental President in history. The story of the next four years will be a struggle to limit his damage while doing as much as we can to continue progress at the state level and in the private sector.
CONTINUE READINGTest Your Knowledge of Climate Law
How much do you really know about the law relating to climate change?
How much do you really know about climate law? Expert or novice, this quiz will test your knowledge and maybe help you fill in some gaps.
CONTINUE READINGThere are Piles of Coal in America’s Christmas Stocking
Coal is piling up, unused, at powerplants across the country
Bad children, supposedly, will get only lumps of coal in their stockings. That could be taken as a metaphor for the anti-environmental programs coming down the line, but I have in mind something a bit less metaphorical. According to a recent report, coal-fired power plants have immense piles of coal – 138 million tons, equal …
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CONTINUE READINGGood & Bad Environmental News From the U.S. Supreme Court
Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority
This past week, the U.S. Supreme Court issued important orders in two closely-related environmental cases previously decided by the U.S. Court of Appeals for the District of Columbia. Last Friday the justices granted review in Diamond Alternative Energy v. Environmental Protection Agency, agreeing to decide whether fossil fuel manufacturers have legal standing to challenge an …
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CONTINUE READINGEPA Grants California’s Waivers for Clean Cars and Clean Trucks
By finally granting the Advanced Clean Car II waiver, the agency just undercut Trump’s planned attack on electric vehicles.
EPA just made the incoming Trump Administration’s efforts to stop the move toward clean, zero emission vehicles a whole lot tougher. And ironically, the U.S. Supreme Court’s controversial decision overturning deference to agency actions, Loper Bright v Raimondo, may help California in any litigation over the legitimacy of the waiver request. EPA finally granted California …
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CONTINUE READINGTrump & Environmental Policy: The Sequel, Part II
Expect a lot of the same, but there could be some new twists.
Trump’s basic thrust is to eliminate environmental protection, just as he tried to do in his first term. But there are some new factors — new faces like Kennedy and Musk, and new developments like the massive investments sparked by Biden’s Inflation Reduction Act. Both Trump and the resistance will be better organized. In one way, you could think of this as a fascinating social experiment — but one with potentially devastating consequences for public health, climate change, and the future of the planet.
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