Regulation
Environmental Rollbacks: Will the Trump Administration Overplay Its Hand?
The odds are good that Trump agencies will go too far out on a limb.
The Trump Administration’s tendency to rely on bold legal arguments rather than detailed technical ones is a disadvantage in court. Courts defer to agencies on factual matters, especially those that involve technical expertise. Now that Chevron has been overruled, however, legal arguments by agencies don’t get the same deference. Thus, the chances of a judicial reversal are higher when the agency relies on purely legal grounds.
CONTINUE READINGWorthwhile Canadian Initiative! Really!
McGill University’s Sustainability Academic Network provides a useful — and potentially crucial — new platform.
About a week ago I got an email from McGill University’s Juan Serpa, asking me to join a new platform — the Sustainability Academic Network (SUSAN) — that contains literally thousands of datasets, academic papers, conferences, jobs, grants, local events, and institutes all devoted to sustainability. Great. Happy to do it (especially since they found …
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CONTINUE READINGModernizing Air Permitting in California
Guest Contributor Craig Segall writes that SB 318 would help clean up factories and other big industrial sources by pulling permitting practices into this century.
Almost every major industrial and power facility in California needs an air permit when it’s built or renovated. That’s a huge opportunity to rapidly advance the zero and near-zero technologies that Congress invested in in the Inflation Reduction Act, and that we urgently need to meet ever-more-pressing air quality challenges, especially as attacks from the …
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CONTINUE READINGThe Chutzpah is Stunning
The Trump Administration is suing to block state climate lawsuits based on Clean Air Act Preemption.
If nothing else, you have to give credit to the Trump Administration for incredible gall. Yesterday, the Department of Justice filed suit against Michigan and Hawaii seeking to stop those states from filing lawsuits against fossil fuel companies for climate damages. The fact that DOJ is seeking to prevent even the filing of the lawsuits …
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CONTINUE READINGGetting Creative on Vehicle Emissions
UCLA Law set to host a symposium on April 9 on ways to charge ahead on cutting emissions.
These are tough times for lovers of zero emission vehicles–and clean air. I probably don’t need to recite the threats to both, but here’s a sampling: the Trump Administration has pledged to roll back federal air quality standards and mobile source emissions standards; is gutting funding for EV charging networks (and is even, maddeningly, shutting …
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CONTINUE READINGJust How Endangered is Clean Energy?
The Trump administration wants to slow the U.S. clean energy transition. Will it put energy investments in a deep freeze or a temporary chill?
Business investment decisions rely on stability. And stability is in short supply so far in this Trump administration. Instead, we’ve seen an erratic blitzkrieg of activity on tariffs, federal funding, and deregulation that has spooked all sorts of industries. That’s partly why Heatmap News has declared Trump “Degrowth Donald,” and why my Legal Planet colleague …
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CONTINUE READINGTransmission Tangle, Transmission Tango
A new report maps out recent federal actions to improve planning for future electric transmission
On the macro level, just about everyone is a big fan of a rapid, aggressive build-out of new long-distance electric transmission lines – to help meet the anticipated rapid growth in demand for electricity due to the electrification of transportation and energy use in buildings, and the growth of AI. In addition, new big bulk …
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CONTINUE READINGRegulatory Rollbacks: What to Expect
A replay of 2017? Or maybe something more radical? You can probably guess the answer.
Repealing and replacing existing environmental regulations will have a lower priority in this iteration of the Trump presidency – it will often be easier to just ignore the existing regulations or eliminate the regulators rather than the regulations. When it does rollback regulations, the administration will probably take more extreme legal positions and will be more likely to make constitutional arguments against environmental regulation.
CONTINUE READINGDissecting the Attacks on the Endangerment Finding
EPA has identified four different arguments against the endangerment finding. None have merit.
In late 2009, EPA made a formal finding — often called the Endangerment Finding —that greenhouse gases may endanger human health and welfare. Undaunted by the overwhelming scientific evidence in favor of that finding, the Trump EPA plans to reconsider that finding. Few independent observers believe EPA will succeed, but the issue is important enough to warrant a close look. Here’s a deep dive.
CONTINUE READINGLegal Safeguards Against Deregulation
Congress was aware that there could be a backlash against environmental standards. It took precautions.
If it could, no doubt the current Administration would be happy to have the same polluted air and water–and energy-wasting appliances)– that we had fifty years ago. Thanks to the anti-backsliding aspects of environmental law, however, they can’t really achieve that. The best they can generally do is to get rid of recent regulations that haven’t gone into effect yet.
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