Politics

Donald Trump vs. The MQD

Ironically, a conservative legal doctrine might block some of his excesses.

Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more …

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RFK Jr. and Climate Change

Even on the environment, his views are strange and unsettling.

Robert Kennedy, Jr., has polled surprisingly well so far. That may well be a fluke, but it may be worth taking a look at his views at this point.  Unlike his views on vaccines, his views on climate change don’t involve blanket denial of science. But they do involve some of the same populist fears …

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Sackett and the Dangers of a New ‘Clear-Statement Rule’

Wikimedia (CC-BY-SA 3.0)

The Supreme Court decision in Sackett v. EPA will be bad for the nation’s wetlands. It is just as bad for democracy. 

The Supreme Court decision in Sackett v. EPA limits the Environmental Protection Agency’s ability to defend a large portion of the nation’s wetlands and waterways from pollution. The decision strips key environmental protections from the Clean Water Act by narrowly defining which bodies of water can be regulated under the Act, making it the most …

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NEPA and the Debt Deal

Will the permitting sections of the debt ceiling bill undermine environmental reviews?

Prior to the release of the text of the debt ceiling bill Sunday night, press reports had mentioned only a couple of provisions relating to environmental impact statements. It turns out there’s a lot more. The bill would make numerous changes in the statute governing impact statements, the National Environmental Policy Act of 1969 (NEPA). …

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Default and the Environment

What are the environmental impacts of Uncle Sam’s failure to pay his debts on time?

A journalist asked me how a default might impact environmental law. As I thought about it, I realized that the answers were, “In one way, very little,” and “In another way, potentially a disaster.”  The effects might not amount to much. Or we could be talking about multigenerational climate impacts. There’s  a lot of uncertainty  …

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How to Solve the Debt Ceiling Standoff? Sue Janet Yellen

A lawsuit by a federal debtholder could take the terrorists’ bombs from them.

We are now just a few weeks away from the House GOP blowing up the world and national economy, with awful environmental consequences as well.. At this point, it’s quite obvious what their strategy is: crash the global economy, and then blame President Biden for it. They aren’t interested in a deal, as even the …

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The Debt Ceiling and the Environment

An image of the U.S. Capitol Building in the evening.

GOP demands would devastate environmental protection

Kevin McCarthy  sketched the outlines of his opening demand to raise the debt limit last week, and the bill has now been released.  If adopted, it would have a devastating impact on environmental protection and climate action.  One impact would be budgetary – repealing much of the Inflation Reduction Act while kneecapping EPA’s ability to …

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Why the Inflation Reduction Act Can’t Be Repealed

Peeps

Republicans are trying to undermine the IRA, but there are at least 370 billion reasons why the landmark climate law will not be rolled back by a future Congress or administration.

There’s a ton of questions about the future efficacy of the Inflation Reduction Act. But whether the law will be reversed before it can get going is not one of those questions. That’s the most basic takeaway from the April 12 policy symposium convened by the UCLA Emmett Institute about the new federal laws to …

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The Social Cost of George W. Bush

Bush promised climate action but reversed himself. The result: billions of dollars in global harm.

When Bush ran for President in 2000, he endorsed mandatory limits on CO2 emissions.  Within three months of taking office, he reversed himself to the dismay of some members of his own administration.  The upshot was that the US resisted any effort to address climate change and embraced a “drill baby drill” energy policy. You …

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The Texas Paradox

Texas is firmly in the grip of conservative Republicans. So what’s the deal with renewables?

I sometimes ask students to guess what state produces the most wind power. They’re always shocked to find out the right answer: Texas.  Republicans have an iron grip on Texas government. And not just that, but Texas is by far the biggest producer of oil, with a governor who has pledged to protect the industry …

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