Politics
Energy & Climate Are Hot News
Some of it is bad news — but despite Trump, there are many positive signs.
Climate and energy issues have been hot topics in the news. Consider yesterday’s issues of the NY Times and the Washington Post. Of course, both papers have featured coverage of the G20 conference. They emphasized that the U.S. is isolated internationally by its decision to withdraw from the Paris Agreement. Trump was unable to get …
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CONTINUE READINGHow Difficult Will It Be for the Trump Administration to Replace the Clean Water Rule?
The Administration is Poised to Act, But Legal Challenges, Procedural Hurdles, and Internal Conflict Are Likely to Make It Difficult
On Monday, I posted a quick summary of the Trump administration’s recent action to start rolling back the Clean Water Rule, a joint rule by the Environmental Protection Agency and U.S. Army Corps of Engineers that defines the range of waterways the Clean Water Act protects. The proposed action the agencies announced last week, …
CONTINUE READINGA Case of Administrative Bad Faith
The D.C. Circuit slaps down an abuse of power by Trump’s EPA.
On Monday, the D.C. Circuit dealt a setback to Scott Pruitt’s deregulation efforts in Clean Air Council v. EPA. The case involved a tricky procedural issue. But the substance was simple: EPA, under Pruitt, had abused a reconsideration procedure under the Clean Air Act to stay a regulation for 90 days, when it had no …
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CONTINUE READINGThe EPA Sets in Motion its Plan to Rescind the Waters of the United States Rule
This Action is Just the First Step Towards Reducing Clean Water Act Protection for Many Waterways and Wetlands
With much fanfare, the Trump administration announced last Tuesday that it is proposing to rescind the Clean Water Rule, also known as the Waters of the United States (WOTUS) Rule. This rule is intended to govern determinations of which waterbodies and wetlands are “waters of the United States,” protected under the Clean Water Act. The …
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CONTINUE READINGAfter Trump
Some day the Trump/Ryan/Pruitt era will end. We need to be ready to move forward.
Fighting the Trump/Ryan/Pruitt assault on environmental protection necessarily absorbs a huge amount of our energy. But eventually, the current conservative stranglehold on the national government will come to an end. Sooner or later, the government will once again come into more environmentally friendly hands. When that happens, we need to have practical, detailed proposals ready …
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CONTINUE READINGThe Truth About Environmental Originalism
Scott Pruitt advocates environmental originalism. It means the direct opposite of what he thinks.
Scott Pruitt has taken to talking about environmental originalism – going back to the original intent of our environmental laws. But he’s got the original intent completely backwards. The statutes weren’t intended to protect jobs or grow the economy. They were intended to protect the environment, with cost at best a secondary consideration. This is exactly …
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CONTINUE READINGWhen Trump’s Name is Forgotten, His Carbon Will Remain
Much of the carbon from his policies will remain in the atmosphere for centuries.
Given Trump’s desire to increase the use of fossil fuels, it’s no surprise that his presidency will result in increased carbon emissions. Some of the carbon will remain in the atmosphere for centuries, an enduring monument to his presidency and his rejection of scientific facts. Before the election, I took a stab at estimating that impact, based …
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CONTINUE READINGNational Monuments Update
Interior Department releases interim report, recommends changes to Bears Ears National Monument
Interior Secretary Ryan Zinke released his interim report yesterday on Bears Ears National Monument, recommending that President Trump re-draw the monument’s boundaries. Secretary Zinke’s report misreads both the Antiquities Act and President Obama’s 2016 Proclamation that created Bears Ears National Monument, and any move by President Trump to downsize the monument without an act of Congress …
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CONTINUE READINGThe Dangerous Politics of Nostalgia
It’s a good idea to look in the direction you’re traveling, not backwards to your past.
In an airport, I recently saw a sign above the moving walkway advising us to face in the direction we were traveling. That’s sound advice for life in general and policy making in particular. It’s a recipe for failure to try to restore the past rather than looking toward the future. Unfortunately, rather than embracing the future, …
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CONTINUE READINGCalifornia Members of Congress Seek to Eviscerate State Water & Environmental Laws
H.R. 23 Would Preempt California State Water Law & Supersede Federal, State Environmental Statutes
Quite understandably, the attention of the media, environmental organizations and the general public has been focused on the myriad misadventures of the Trump Administration, now rumbling and stumbling through its fifth month. And, as recounted on Legal Planet since mid-January, those contretemps include a great deal of environmental mischief emanating from the Executive Branch. But it …
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