Regulatory Policy
Supply-Side Regulations & Clean Vehicles
As Congress votes to undermine California’s sovereignty to set supply-side standards on polluting vehicles, CLEE’s research shows why these policies are so effective
In May 2025, both the U.S. House and Senate passed resolutions to revoke California’s Clean Air Act waivers, which allow the state to enforce stricter vehicle emissions rules than federal standards (see Ann Carlson’s post on this issue). If signed by the President—and if successful in the face of court challenges to their dubious legality—these …
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CONTINUE READINGEnvironmental 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 READINGTrump Goes Nuclear
Four new executive orders try to launch a nuclear renaissance.
Diluting safety and environmental reviews is also likely to lead to a lot of litigation, which will slow nuclear licensing to a crawl. In addition, the industry knows that what one President can do by executive order, the next President can undo. So it could be risky to make investments in facilities that will be around for many decades, based on what could be an evanescent presidential policy. And the public will have good reason to fear that public safety won’t be a priority.
CONTINUE READINGExecutive Disorders
One after another, Trump has let loose destructive blasts at the environment to promote fossil fuels, mining, and logging.
We all know that Trump has issued a slew of executive orders since taking the oath of office. We also know that many of these are aimed to promoting fossil fuels, mining, and logging at the expense of the environment, while disfavoring renewable energy. Still, it’s impressive when you put the list together to see the full onslaught.
CONTINUE READINGWhy You Should Care That Congress Might Use the CRA to Overturn California Waivers
Here are at least six reasons.
For the first time ever, the U.S. Senate may vote this week to revoke California’s authority under the Clean Air Act to cut pollution from cars and trucks. The Senate vote is on a resolution to use the Congressional Review Act to overturn three separate waivers EPA granted California to cut pollutants from cars and …
CONTINUE READINGTrump’s Self-Defeating NEPA “Reforms”
Rather than streamlining the process, Trump is gumming up the works.
Trump has taken some dramatic steps in the name of improving use of NEPA, the statute governing environmental reviews of projects. The goal is to speed up the permitting process and make it more efficient. The reality is that his efforts will create chaos and uncertainty, with the likely effect of slowing things down.
CONTINUE READINGNo, DOE, You Can’t Roll Back Product Efficiency Standards
Congress wanted greater energy efficiency over time and banned rollbacks.
The Department of Energy is proposing to rescind key energy efficiency requirements. It is beyond ironic that it is attempting to do so at a time when the President has proclaimed an energy emergency. Trump says the grid is struggling desperately to meet surging power demand. That’s a strange time to eliminate regulations that are saving energy. DOE’s action is also illegal, because the law in question has a provision prohibiting rollbacks. Congress wanted efficiency standards to get tougher over time and included an anti-rollback provision to make sure of that.
CONTINUE READINGBrazil Steps Ahead of the U.S. on Climate Policy
A new emissions trading system is a major step for Brazilian climate policy.
Hopefully, Brazil’s actions will encourage other countries, particularly in South America, to take similar actions. The EU and California have been leaders in this arena, but carbon trading systems are now beginning to get traction outside of the developed world in China and now Brazil. That’s an encouraging sign.
CONTINUE READINGA Stealth Repeal of NEPA
Proposal from House Natural Resources Committee would effectively repeal NEPA
The Republican-controlled U.S. House of Representatives is working on reconciliation language – legislation that can pass via a majority-vote in the Senate, but only so long as it relates to fiscal matters. It looks like House Republicans are going to try and use the reconciliation process to effectively repeal the National Environmental Policy Act (NEPA). …
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CONTINUE READINGPermitting Reform as Policy Stability
Compromise Congressional legislation could dampen the swings of Presidential regulatory policy
I’ve noted earlier the problems that rapid swings in regulatory policy at the Presidential level have caused over the past 12 years, swinging from Obama to Trump I to Biden to Trump II. And, as in so many other ways, the second Trump Administration is ramping up the swings to a whole new level, with …
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