Politics

What Kind of Conservative is Kavanaugh?

Half a dozen observations on our (probably) soon to be junior Justice.

I wanted to add a few words about Kavanaugh in light of Ann Carlson’s excellent post a few minutes ago. No doubt we’ll be seeing more about his views after people have had time to read his opinions and some of his law review writing. But there are a few points I would add after …

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UCLA Law Wells Environmental Law Clinic Files U.S. Supreme Court Brief on Behalf of Scientists in Endangered Species Act Case

Scientists’ Brief Argues Federal Agencies and Courts Must Use Science in Interpreting “Habitat” Under the Endangered Species Act; Clinic Clients Include Profs. Stuart Pimm & E.O. Wilson, Along With Three MacArthur “Genius” Award Recipients & Ten Other Esteemed Scientists

Congress enacted the Endangered Species Act in 1973 to protect species at risk of extinction.  Congress viewed species extinction as an urgent threat requiring urgent, decisive action.  The result was a bipartisan law designed to apply scientific knowledge and expertise to managing the threats to U.S. species.  While the Act has been controversial, and characterized …

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Safeguarding Climate Policies

There are several strategies for insulating climate policy from leaders like Trump.

Trump’s election was a surprise. What should not be a surprise is the inevitability of political setbacks for climate policy. We saw that in the U.S. with the shift from Clinton to Bush and then from Obama to Trump. We also saw that in Australia where it meant the repeal of a promising emissions trading …

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My Two Cents About the Pruitt Resignation/Firing

Good Riddance Even if He Was a Potent Symbol of the Swamp

Dan and Sean have already expressed their views about today’s announcement that Scott Pruitt is out as EPA Administrator. I thought I’d add mine as well.  Scott Pruitt was a  potent symbol of corruption, the ultimate swamp creature who made laughable his boss’s claim that he would come to Washington and drain the swamp. And …

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Quick Thoughts on Scott Pruitt resignation as EPA Administrator

Deputy Administrator Andrew Wheeler, Former Coal Lobbyist, to Serve as Acting Administrator

As Dan Farber just pointed out, President Trump announced minutes ago via Twitter that Scott Pruitt is (finally) stepping down as Administrator of the US Environmental Protection Agency.  Deputy Administrator Andrew Wheeler, a former lobbyist for the coal industry, will serve as Acting Administrator pending confirmation of a new Administrator.  I have a few quick …

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NEWSFLASH: Pruitt Resigns

Under pressure, Pruitt finally exits EPA.

President Trump tweeted today that he had accepted Scott Pruitt’s resignation and appointed Robert Wheeler as Acting Administrator of EPA.  Wheeler is likely to be just as bad on policy and could well be more competent and effective than Pruitt. But Pruitt was a disgrace to the office, and it is good to see him …

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Trump’s Dubious Bailout

It’s unlikely that a bailout will have more than a temporary effect. Assuming it holds up in court, that is.

Trump plans to use national security powers to prop up uneconomic coal and nuclear plants.  Rick Perry says the government is trying to figure out the cost of this effort – but he doesn’t seem to care what that cost would be. After all, he says, “You cannot put a dollar figure on the cost to keep …

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California Supreme Court Rejects Ploy to Limit the Legislature’s Authority to Enact Technology-Forcing Statutes

Court rules for the State in challenge to technology-forcing gun control law

In a case I previewed here, the California Supreme Court has been considering a challenge to a gun control law passed in 2007 that required certain new models of guns use a developing technology called “microstamping” that would enable law enforcement to link a spent cartridge back to the gun that fired it. The gun …

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Environmental Strategies for the Post-Kennedy Era

How do we make environmental progress despite an increasingly unsympathetic court?

Ann Carlson wrote an excellent post about how Kennedy’s departure might impact some key environmental issues. His retirement means that the Supreme Court will move even further to the right and stay there at least until one of the conservatives departs (maybe Thomas, the oldest). The new pick is likely to be another Gorsuch, which …

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What Does Justice Kennedy’s Retirement Mean for Environmental Protection?

Short Answer: It’s Not Good

The news that Justice Anthony Kennedy is retiring has ramifications for many important areas in constitutional law, including affirmative action, same-sex marriage, and abortion.  His vote was also pivotal in many environmental cases.  Justice Kennedy will almost certainly be replaced by a more conservative justice. If that justice votes with the conservative wing of the …

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