Public Lands
President Biden & Climate Change: What’s Achievable?
Divided federal government might still allow possibility for meaningful action
With a victory in the presidential election, Joe Biden now faces a U.S. Senate that still hangs in the balance. But even with a Democratic runoff sweep in Georgia next month, it will be very divided. So what will be possible for a President Biden and his administration to achieve on climate change? Agency action, …
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CONTINUE READINGWhen Republicans Supported the Environment: Bush 41
The GOP wasn’t always the sworn enemy of environmental protection.
Younger people today probably know about George Herbert Walker Bush (R) as the father of George W. Bush and (perhaps) as the architect of the first Iraq War. But he also had some notable environmental achievements to his credit. Here are some of his accomplishments: Air Pollution Law. The 1990 Clean Air Act Amendments were …
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CONTINUE READINGRed Paint Would Curb Public Access to Palos Verdes Nature Preserve, One of Los Angeles County’s Most Significant Open Spaces
Rancho Palos Verdes City Council votes to restrict public street parking near Portuguese Bend Reserve
See a full set of photos illustrating parking restrictions at Portuguese Bend Reserve on the Emmett Institute Flickr page. At its Sept. 1 meeting, the Rancho Palos Verdes City Council responded to public concern about its new parking restrictions by voting unanimously to move away from a full parking prohibition and remove a limited …
CONTINUE READINGThe Draft Democratic Platform and the Environment
The Democrats are promising bold climate action but not committing to details.
The Republicans have decided not to update their 2016 platform, but the Democrats now have a draft of their 2020 platform. The platform essentially calls for aggressively moving beyond Obama’s actions (and eliminating Trump’s). For those who are in a rush, I’ll start with the takeaways. Key Points Here are some of the most important aspects …
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CONTINUE READINGWasting Away in Methaneville
Another Trump rollback gets slapped down in court.
A week ago, a federal district court overturned yet another ill-conceived rollback by the Trump Administration. The case, California v. Bernhardt, involved releases of methane, a potent greenhouse gas. The legal flaws in the rollback by the Bureau of Land Management, are all too typical of the Administration’s work product. The Administration has repeatedly lost …
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CONTINUE READINGJuly Fourth at Mt. Rushmore: What about the “unalienable rights” of the Lakota?
In the limbo game of the 45th presidency: no matter how far the bar descends, Trump clears it by going under. Just two weeks after political furor over a planned Juneteenth support rally in Tulsa, Oklahoma—site of the 1921 Race Massacre, in which white mobs killed up to 300 Black people in 48 hours, and …
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CONTINUE READINGFancy Dancing on the Appalachian Trail
How to Use Textualism to Evade Statutory Texts
The Supreme Court’s decision in Cowpasture case allows gas pipelines to cross the Appalachian trial. The ruling didn’t get much attention because of its timing. It came down the same day as Bostock, which outlawed employment discrimination against gays and transsexuals. Bostock featured a big battle over the meaning of textualism. But Cowpasture was also …
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CONTINUE READINGSurprise! Major Land Conservation Bill Poised to Pass Congress
Republican-Led Senate Prepared to Preserve Public Lands–and Political Careers?
Over the past decade, we’ve become resigned to the sad fact of congressional gridlock: a hopelessly partisan and paralyzed Congress, seemingly unable to pass major legislation on the environmental protection, natural resource conservation or, indeed, any number of other policy fronts. So it has to come as a shock to most observers that this week …
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CONTINUE READINGTrump says he will allow commercial fishing in national monument
An Antiquities Act edition of “can he do that”?
On June 5, President Trump issued a “Proclamation on Modifying The Northeast Canyons And Seamounts Marine National Monument.” This Proclamation follows a court defeat for opponents of the National Monument — the DC Circuit last year dismissed a claim by commercial fishing interests that the National Monument was unlawfully designated. Trump’s Proclamation purports to modify …
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CONTINUE READINGNEPA, emergencies and executive power
Once more we need to ask, can Trump do what he claims to be doing?
Late Thursday, the White House issued another in a seemingly endless series of administrative orders. Under the typically overblown title “EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities,” it was touted by the President’s team as a way to speed infrastructure permitting and another step …
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