Public Lands

Public Lands Watch: House Joint Resolution 36

A proposal to revoke an Obama Administration rule on methane flaring on public lands

Additional Update:  It is being considered in the Senate as Senate Joint Resolution 36. Update:  The resolution passed the House on the morning of Saturday, Feb 4.  It will next go to the Senate. House Joint Resolution 36 (now being considered as part of House Resolution 74) “Resolved by the Senate and House of Representatives …

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Public Lands Watch: HR 5 and Land-Use Planning

Bill passed by house would increase burden on agency for land-use planning

HR 5 The Regulatory Accountability Act (RAA) Passed House 1/11 Received in the Senate 1/12 Referred to the Senate Committee on Homeland Security and Governmental Affairs This post was co-authored by law student Emma Hamilton. On January 11th, the House passed HR 5, the Regulatory Accountability Act of 2017, which includes a provision mandating new …

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Watching over our public lands

Keeping track of what is happening with our federal public lands

There is a lot of discussion about possible changes in environmental law post-election.  One area that has received some attention is public lands.  The federal government owns a little less than one-third of the lands of the United States – many of those lands are ecologically valuable, and are components of our priceless national park …

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Bears Ears: A Monumental End to the Obama Era

Will the Antiquities Act survive the new administration?

With one week left in his second term, President Obama’s “monumental” legacy is again at the forefront. Just yesterday, the President expanded, by proclamation, the Cascade-Siskiyou National Monument in Oregon and the California Coastal National Monument, and created three additional national monuments: the Birmingham Civil Rights National Monument and the Freedom Riders National Monument in …

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The Perils of Inexperience

The Scott Pruitts of the Trump cabinet face some tricky challenges.

There’s even a name for it in sports: “rookie error.” That’s the kind of mistake that talented players make when they’ve been bumped up into the big time.The big issue for appointees like Pruitt is to avoid that kind of mistake — and in the meantime, to accomplish their agendas. By all accounts, Scott Pruitt …

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The Ninth Circuit’s Top Environmental Law Decisions of 2016

Climate Change, Endangered Species Act, NEPA, Constitutional Challenges Dominate Court of Appeals’ Docket

In 2016, at least, the U.S. Court of Appeals for the Ninth Circuit was the most important and influential court in the nation when it comes to environmental law.  That’s true for two reasons: first, the U.S. Supreme Court only issued one significant environmental law decision last year, in U.S. Army Corps of Engineers v. Hawkes …

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Gone, Baby, Gone: The Death of Appalachian Coal

It’s not just cheap natural gas. Even a coal industry revival wouldn’t help Appalachia.

Trump has promised to end the “war on coal” and bring the industry roaring back. The NY Times appropriately called this a “cruel promise,” because cheap natural gas has driven coal to its knees economically.  That won’t change under Trump, who has promised even more fracking and gas production.  But, as it turns out, even …

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Searching for Votes in the Senate

Q: Can the Dems scrounge up the votes to block anti-environment actions? A: Maybe.

Paul Ryan and Donald Trump have vowed to roll back many environmental protections.  The Senate seems to be the one barrier against anti-environmental moves by Congress.  How strong is that barrier? The answer depends in part on whether the filibuster option remains open. If the filibuster rule remains intact, the Democrats’ 48 votes in the Senate …

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Something Else to Be Thankful For — Inertia!

Meet your new best friend: gridlock, litigation delays, and red tape.

Inertia isn’t something we think about very often. Still less often is it something we feel grateful for. But it’s what prevents us from being tossed around by every passing wind. At this precise moment, that’s something we should hold precious. It’s ironic that environmentalists should now be grateful for all the features that hold …

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What Will Trump Do? Maybe Not What We Expect.

If he cares about 2020, he’ll have to do some recalibrating.

To be honest, no one really knows what Trump will do. Maybe not even Trump. The obvious is often the safest best. In this post, I’m going to speculate about another, slightly less dire, possibility. He may take the most obvious path – which would mean ripping the heart out of our environmental laws. For instance, he …

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