What is EPA’s mission? To what extent is minimizing regulatory costs part of the core mission, as the Trump Administration seems to believe? Does the Trump/Pruitt/Wheeler view comport with original intent? History makes it clear that the answer is no. The title of the agency itself suggests that the core mission is protecting the environment, […]
BLM announces final version of revisions to protections for sage grouse on Western federal public lands
This blog post was drafted by Jamie T. Martinez. On March 15, the Trump administration finalized its plan to loosen protections on federal lands for the habitat of the greater sage-grouse, a near-threatened species that lives in sagebrush country across the western United States. The final plan amends the resource plans adopted in 2015 to […]
Would it be legal to declare a national emergency for climate change? Would it be useful? Here’s what you need to know.
The possibility of declaring a national emergency to address climate change will probably remain under discussion for the next couple of years, particularly if the courts uphold Trump’s “wall” emergency. For that reason, I thought it might be helpful to pull together the series of blog posts I’ve written on the subject. I want to […]
Segment Provides Legal Context for Groundbreaking Children’s Climate Case
Our colleague Ann Carlson appeared on 60 Minutes this past Sunday for a lengthy on-camera interview with Steve Kroft, discussing the Juliana v. U.S. lawsuit filed by Our Children’s Trust. Begun in 2015, the lawsuit has survived several appeals so far, and is headed to oral arguments in June at the U.S. Court of Appeals for the Ninth Circuit in Portland, Oregon. […]
Significant parts of the GOP seem to be leaving Trump behind on the climate issue.
There were three interesting stories about climate politics in the papers today: one about Trump, one about other Republicans, and one about both. What these stories tell us is that part of the GOP is coming to terms with reality; Trump not surprisingly is not. First, as to Trump. As you may have noticed, Trump […]
In an era defined in Washington by lies and the suppression of scientific research, California is positioning itself as a defender of facts and free inquiry. Assemblymember Laura Friedman (D, Los Angeles) this week introduced Assembly Bill 700, a bill sponsored by the Union of Concerned Scientists (UCS) to address the harm inflicted on public […]
If the Supreme Court upholds Trump, it will have to uphold an emergency declaration for climate change.
Trump finally pulled the trigger today and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there’s a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet’s own Jonathan Zasloff […]
The Green New Deal may be ambitious, but it’s not alarmist.
It would be impossible to react to every piece of misinformation or poor reporting about climate change—let alone every misguided opinion editorial—that lives online today, but Bret Stephens’ February 15 piece in the New York Times strikes me as warranting a response. That’s not because of the clickbait title (“Is Nancy Pelosi A Climate Skeptic?” […]
Co-Authored by Ann Carlson, Meredith Hankins, and Julia Stein
Cross-posted to the American Constitution Society’s ACSblog As we have previously covered in past Legal Planet posts, in an outright assault on public health and the environment, the Trump Administration recently proposed rolling back national motor vehicle emission standards put in place by the Obama Administration. As part of this proposal, the Trump Administration also […]
Thought experiment: take everything conservative want to do and then do the opposite.
Conservatives, with full support from Donald Trump have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that’s an actual thing, in case you’re wondering, and it’s today – let’s think about reversing those ideas. In other words, let’s try to come up with similar […]