Federal Climate Policy
The California Car Waiver and the Congressional Review Act
Trump has found a possible way to end run California’s legal arguments for the waiver. But there’s no reason to give up.
If the CRA resolution does go through, California should wait until after the midterms, when Democrats are favored to take the House, and then try again with different formulated regulations. When the Trump Administration rejects them, it could then litigate whether the new versions were “substantially the same” as the old ones.
CONTINUE READINGAll the President’s Men
The people occupying environment and energy positions will be anti-regulatory and pro-fossil fuel.
There will be a lot of dramatic fireworks on Day One of Trump’s second term, literally and figuratively. Yet his ability to achieve his agenda will depend on the people he’s chosen to run the government. His energy and environment picks will follow the party line of expanding fossil fuels. Yet they may not be as extremist as their predecessors in the first Trump Administration or as some of Trump’s advisors.
CONTINUE READINGWhat Happens If EPA Revokes the Endangerment Finding?
The action would mean full-blown warfare against all things climate.
We are likely to learn next week if the Trump Administration will eviscerate the most important climate regulations the Biden Administration issued over the last four years. Under Trump’s “Unleashing American Energy” Executive Order, EPA Administrator Lee Zeldin is supposed to recommend by February 19 whether to reverse the central basis for much of the …
Continue reading “What Happens If EPA Revokes the Endangerment Finding?”
CONTINUE READINGWhy I Still ♥ IRA
Biden’s climate law has already had a dramatic impact.
With over a half-trillion dollars in clean tech investment to date, the Inflation Reduction Act has left an indelible mark on U.S. climate policy. It’s unlikely that Congress will vote to repeal the whole law, given massive investments in GOP congressional districts. But even if they did, there’s no undoing the investments already made.
CONTINUE READINGA Trumped-Up Energy Emergency
We have weathered past threats to energy security through democratic processes, not by executive fiat.
The Executive Order has fabricated an energy emergency and is doubly wrongheaded. First, as the statistics bear out, there is neither a domestic energy emergency nor an energy crisis. The U.S. has effectively secured energy independence. More significantly, Trump’s politically driven, fossil fuel-dependent energy portfolio is neither diversified nor economically sound.
CONTINUE READINGPresidential Blitzkrieg: Good Tactics, Questionable Strategy
Flooding the zone has short-term benefits but possible long-term costs.
Trump has issued a flood of executive orders. Many of those actions relate to energy and environment, with the general intent of handicapping clean energy and promoting fossil fuels. Flooding the zone has undoubtedly helped him dominate the news and may have stunned opponents. But shirt-ternm success doesn’t always translate into long-term gains.
CONTINUE READINGThe Green-State Playbook
Here are five ways states can save climate policy despite Trump.
Trump’s election is a body blow to U.S. climate policy, but there are ways that those states can fight Trump and move forward on their own plans. To cut to the chase, here are five key strategies for green states — starting with lawsuits against the Trump Administration, which were highly successful in Trump’s first term.
CONTINUE READINGSurfing the Wave of Executive Orders
As an old song says, “Mama Miá, here we go again!”
One thing that no one can deny is that Trump is brilliant at political theater. People overlook the importance of that at their peril. But theater isn’t reality, and it remains to be seen how many of the grand gestures Trump made today will eventuate in law.Presidents love issuing executive orders. It’s easy to do, and many people will credit the president with major accomplishment. But really, as someone recently said, an executive order is “just a memo on fancy letterhead.”
CONTINUE READINGLitigating 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.
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