Federal Climate Policy
Guest Contributors Rosa Hayes and Samantha Peltz: Silver Linings in the 9th Circuit’s Juliana Decision
Juliana Litigation Provides Clues for Establishing Standing in Future Cases
For many aspiring environmental litigators, such as ourselves, the bold Juliana litigation was the little-case-that-could: it presented a novel constitutional theory to redress the climate crisis, survived a motion to dismiss against all odds, and went up to the Supreme Court not once, but twice. But on January 17, 2020, Juliana hit a significant roadblock …
CONTINUE READINGThe Deregulator’s Dictionary
Members of the Trump Administration speak their own, very special language.
“When I use a word,” Humpty Dumpty said, in rather a scornful tone, “it means just what I choose it to mean—neither more nor less.” “The question is,” said Alice, “whether you can make words mean so many different things.” “The question is,” said Humpty Dumpty, “which is to be master—that’s all.” The Trump Administration’s …
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CONTINUE READINGResuscitating Obama’s Environmental Legacy
Trump has had a single-minded focus on eliminating any traces of Obama’s presidency. But it’s not too late to turn the tide.
We’ve now had nearly four years of Trump’s all-out war on environmental protection. Trump has single-mindedly tried to wipe out every trace of Obama’s legacy. It’s time to see what’s left of Obama’s achievements. And what could a new President do to revive his legacy? In a Legal Planet post a week before the last …
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CONTINUE READINGGrid Experts Weigh In on the Clean Power Plan Repeal and ACE Rule
UCLA Emmett faculty share expert voices in an amicus brief filed last week in the D.C. Circuit
Among the many Trump Administration rollbacks of climate regulation, a big one is its decision to repeal the Clean Power Plan and to replace it with a rule that does almost nothing to reduce carbon dioxide emissions from fossil-fuel-fired power plants. The electricity sector has made significant progress in reducing climate pollution recent years, but …
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CONTINUE READINGFighting to Preserve the Clean Power Plan
Ted Lamm and Sean Hecht Co-Author Amicus Brief on Behalf of Clean Air Act Expert Tom Jorling
On Monday, Sean Hecht and I filed an amicus brief with the DC Circuit in the legal challenge to the Trump Administration’s attempt to repeal and replace the Clean Power Plan. (We filed the brief in our personal capacities and not on behalf of our respective institutions. Dan Farber also contributed valuable input.) Our client …
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CONTINUE READINGWe Need an Environmental Dr. Fauci
Much of environmental law is about protecting public health. But the Trump Administration won’t listen.
During the coronavirus crisis, Dr. Anthony Fauci has become the voice of reason. Much of the public turns to him for critical information about public health, while even Trump finds it necessary to listen. In the Trump era, no one plays that role in the environmental area. The result is a mindless campaign of deregulation …
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CONTINUE READINGSeven Months to Election Day (and Counting)
You may have forgotten, but the clock is still ticking.
You may not have been focused on this, but there will be a Presidential election seven months from today. The stakes are enormous for environmental law. In fact, those stakes can be measured in megatons of carbon. There’s no question about Trump’s approach to environmental regulation. As of the beginning of this year, ninety-five environmental rollbacks …
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CONTINUE READINGDeciphering the SAFE Rule
When the agencies say x, they mean y
I’m one of many environmental lawyers this morning poring over the just-released final rule rolling back federal fuel economy and climate emission standards for cars. I’m finding it helpful to create a key, of sorts, to the Orwellian language I’m encountering. Here you go! Happy reading, everyone. What it says What it means …
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CONTINUE READINGWhile You Were Sleeping: Coronavirus Apparently Won’t Stop Trump Environmental Rollbacks
EPA May Roll Back Car Standards Next Week
The New York Times is reporting that, despite the corona crisis and the shelter in place orders affecting people around the country, Andrew Wheeler is pressuring his EPA staff to release a finalized rule rolling back greenhouse gas emissions/fuel economy standards for cars. These EPA staff are for the most part working from home with …
CONTINUE READINGCourt Rejects Trump Administration’s Cap-and-Trade Lawsuit Against California
Federal Government’s Constitutional Challenge to California’s Linked GHG Reduction Plan Fails
Since President Trump took office in early 2017, the State of California has filed over 70 different lawsuits challenging the Trump Administration’s policy initiatives on multiple fronts, including the environment, immigration policy and health care. Over 40 of California’s lawsuits have targeted the Administration’s efforts to roll back longstanding federal environmental protection, natural resource management …
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