Regulatory Policy

Trump is Trying to Make Us Pay More for Gas

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

At a White House photo op last week, surrounded by rich auto executives and congressional Republicans, Trump delivered his latest blow to Americans’ pocketbooks by announcing a policy change that could cost us consumers up to $185 billion when filling up our tanks at the pump. If you’re scratching your head trying to recall this …

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The CAFE Rollback Is Audaciously, Aggressively Awful

The proposal even rolls back standards that the first Trump Administration set.

This morning I blogged about some wonky reactions to the Trump/NHTSA rollback of the CAFE standards.  Now I want to step back and highlight just how truly bad the new set of standards is, based on incredibly aggressive legal interpretations. As my first post highlights, the standards are set for ten years despite statutory language …

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Some Early Thoughts on the Dismantling of CAFE Standards

In short, the new standards are full of legal problems (and substantively awful).

It’s hard not to take personally this week’s overturning of the Biden Administration’s CAFE standards, and their replacement with standards that will, if finalized, reduce the projected average miles per gallon of the fleet from over 50 MPG to 34.5.  The Biden standards were among my proudest accomplishments while serving at NHTSA (along with increasing …

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Yes, Secretary Noem, We Really Do Need FEMA

An advisory committee suggests upgrading FEMA, but Noem still hopes to gut it.

The Washington Post reported yesterday that a special advisory council has recommended that FEMA be strengthened and taken out of DHS. Secretary Noem is unconvinced and seems to be trying to bury the recommendations.  She’s wrong. FEMA really is needed, and the reasons tell us a lot about what kinds of reforms make sense. First responders are usually state and local – they’re already nearby – and much of the work of reconstruction is also overseen locally.  So why do we need FEMA?  Let me count the ways.

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Red States and the American Free Enterprise Chamber of Commerce are Climate Champions?

The hypocrisy in Iowa v. Wright is nauseating.

Guess which parties made the following arguments about climate change  in a recently decided Eighth Circuit Court of Appeals case, Iowa v. Wright?  A group of red states and the American Free Enterprise Chamber of Commerce (AMFREE). The case involves an obscure but important formula, known as the Petroleum Efficiency Factor (PEF), applied when automakers …

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Will Technology Save Us? It Might Have To

Battery innovations provide at least some source for hope despite the Trump Administration’s war on renewable energy

There is little good out there, but it was nice to see this graphic recently.   It’s a graphic of the daily energy usage in California broken down by source and by time period, according to the California Independent System Operator. That’s why you can see the yellow-gold area, representing solar capacity, expand during the daytime …

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Our National Parks are Open — and Openly Threatened

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

“I’m still here working.” That’s what a park ranger at Yosemite National Park told me last Friday, as he made his rounds. Anyone who thinks they can flagrantly break the park rules during the government shutdown is in for “a rude awakening,” he said. Literally. He and other rangers have been using noise to wake …

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Learning from the Laureates

The 2025 Economics Prize, Technological Innovation, and the Energy Transition

In energy technology as elsewhere, Trump is hobbling American science with budget cuts and demands for political submission. The epitome of his approach is the decision to give political appointees rather than experts the ultimate decision on each project, replacing scientific merit with politics as the deciding factor. His war on science is also a war on future economic growth.  And his effort to halt creative destruction is the pathway to a stagnant economy. By trying to prop up an incumbent industry threatened by new technologies, he’s undercutting a central driver of economic growth. 

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The War on Public Health Continues

Centers for Disease Control and Prevention

Friday’s layoffs announcements at CDC targeted infectious disease control

During the COVID outbreak, President Trump said, “If we stopped testing right now, we’d have very few cases, if any.”  That philosophy seems to have taken hold during his second term in office. On Friday, the Administration fired more than a thousand CDC workers, incljding the scientists and doctors who provide key information and expertise about infectious disease outbreaks.  The effect is to kneecap the government’s capacity to detect and track outbreaks.  

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Problem solved?

Bipartisan proposal for permitting reform from Problem Solvers Caucus is a good first step, but has much more work to do

The permitting reform conversation continues in Congress – this time with a long set of proposals from the bipartisan Problem Solvers Caucus, based on a range of conversations with different stakeholders and interest groups.  There is much that is good in this set of proposals, but there are also proposals that require more thought, or …

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