Federal Climate Policy
Can the Endangerment Finding be Repealed? Not While MASS. v. EPA Still Lives.
On any fair reading of Justice Stevens’s opinion, the Endangerment Finding is valid.
EPA claims that its justifications for repealing the Endangerment Finding are consistent with the ruling in Mass. v. EPA. That’s just not true.
CONTINUE READINGThe Affirmative Case for Finding Endangerment
Despite hairsplitting by the current EPA, finding endangerment is a no-brainer.
or EPA to decide that vehicle greenhouse gas (GHG) emissions aren’t harmful is iike NASA deciding that the earth isn’t round after all. Over the next year or two, lawyers will be picking over EPA’s detailed legal arguments. Let’s not get mired in the weeds. It’s crazy that this issue is even being raised.
In 2007, the Supreme Court told EPA to do two things: (1) consider whether GHGs endanger human health and welfare, and (2) if the answer is yes, regulate vehicle emissions of GHGs. That’s exactly what EPA did. Nothing has changed in the meantime.
Hot Take on the Endangerment Repeal
It’s a tweaked version of arguments that the Supreme Court rejected in 2007.
EPA’s argument for repealing the Endangerment Finding is basically a rehash of legal arguments that were rejected by the Supreme Court in 2007. These arguments haven’t improved with age. Notably, EPA doesn’t dare contest the science.
CONTINUE READINGTrump Tried to Kill Renewables. He Failed.
Despite assaults by Trump and his Congress, renewables are still growing.
Trump has done everything within his power to bless the US with more air pollution and carbon emissions from fossil fuels. Congress did its part, rolling back billions in spending and set accelerated phaseouts for tax credits. Yet renewable energy hasn’t died. It hasn’t even slowed down all that much.
Here are the numbers. Solar alone accounted for almost three-fourths of new generation capacity in Trump’s first ten months, and wind added another 13%, for 87% total. And this year should also be strong.
CONTINUE READINGWant to Fight for Science? Look to South Dakota. No, Really.
We need a permanent grassroots strategy for science before we are buried in Idiocracy.
Nature this week offers a series of terrifying, interactive graphs detailing the Trump Administration’s Idiocratic War on Science. Not only has it butchered federal scientific research grants, but as you can see in this graphic, it has hollowed out the federal scientific workforce – the dedicated professionals who develop data to allow for science-informed policy …
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CONTINUE READINGOne Year of Energy Emergencies
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
This past Tuesday — on the one-year anniversary of Donald Trump taking office and immediately declaring a national energy emergency — the new governor of New Jersey took office and immediately declared a state energy emergency. But these two approaches to executive action on energy couldn’t be more different and the results will help define …
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CONTINUE READINGAlejandro Camacho Joins UCLA Law Faculty
Camacho will be a core faculty member of the UCLA Emmett Institute and a contributor to Legal Planet.
At this critical moment in environmental law, the Emmett Institute at UCLA School of Law keeps growing stronger. We are pleased to welcome Alejandro Camacho, a renowned regulatory scholar, as a professor of law. Camacho will be a core faculty member of the Emmett Institute on Climate Change and the Environment and a faculty affiliate of …
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CONTINUE READINGNightmare on Penn Ave (Part 2)
After a year of Trump 2.0, here’s how things stand.
Eight years ago almost to the day, I wrote a post titled, “One Year and Counting.” I was writing at the end of Trump’s first year in office. And here we are again, one year into a second Trump Administration. Trump’s basically deregulatory strategy has remained largely unchanged. But there are some notable differences in the situations then and now. I closed my 2017 post with this: “One characteristic of the Trump Administration is a ceaseless stream of controversies and dramas. But generally speaking, the amount of actual legal change has been much more limited, because the system is designed to provide checks on administrative and legislative action.” It remains to be seen how well those checks will function this time around.
CONTINUE READINGWait — WHAT??
Science funding has been spared the worst cuts for now, but don’t believe the hype — and know that the White House has more tricks up its sleeve.
The topline headlines look great: CNN: Trump wants to slash funding for federal climate and weather research. Congress is about to tell him ‘No’ Reuters: US Senate passes bill to boost federal science spending after White House sought major cuts NBC: Congress passes bill to fund U.S. science agencies, rebuffing Trump’s requested cuts And there …
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CONTINUE READINGThe U.S. Has Now Become a Rogue Nation
By pulling out of the UNFCCC and dozens of international organizations, Trump has isolated the United States and ceded influence to China and the EU.
In the past few days, Trump has kidnapped the head of state of Venezuela, threatened to invade Greenland, and withdrawn from a 1992 climate treaty negotiated by George H.W. Bush. The treaty, the U.N. Framework Convention on Climate Change, has been the basis for international climate cooperation for the past thirty years, including the Paris Agreement. In addition, Trump is withdrawing from the Intergovernmental Panel on Climate Change (IPCC), which will make it harder for American scientists to contribute to the periodic reports on the state of climate science. Trump’s action is basically a big middle finger toward the rest of the world. If anyone wins from this, it’s China, which can now claim to be the responsible adult in the room.
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