Trump Administration

Looking Ahead: Inauguration Day, 2021.

There are 3 plausible scenarios for the new balance of power.

Inauguration day is a year from today.   What will the balance of power be then?  The House doesn’t seem to be in play.  Democrats have an uphill fight to win the Senate,  so a GOP White House would probably mean a GOP Senate.  That leaves three likely scenarios, with different implications for environmental law. Scenario …

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Dark Waters in Dark Times

Citizen Petition Presses EPA To Call Chemicals in Environmental Docudrama “Hazardous Waste”

This holiday season, A-list actors drew moviegoers to a film with a distinctly un-Hollywood plot line:  A company dumps thousands of pounds of toxic, long-lived chemicals (PFAS, or per-and polyfluoroalkyl substances) into unlined pits that drain into a farming community’s drinking water.  Local residents fall ill, some terminally.  A heroic attorney (Mark Ruffalo) represents them …

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Pride Goeth Before a Fall

Trump thinks he can tell courts how to interpret NEPA. He’s wrong.

White House has just released its proposed revisions to the rules about environmental impact statements. The  White House Council on Environmental Quality (CEQ) simply does not have the kind of power that it is trying to arrogate to itself. The proposal is marked by hubris about the government’s ability to control how the courts apply the …

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Andy and Dave Shoot the Breeze

An inside look at the Trump Administration.

[Open with a shot of Interior Secretary David Bernhardt at his desk with his phone to his ear. Ring tone in the background.  Split screen after EPA Administrator Andrew Wheeler picks up.] Bernhardt:  Hey Andy, how ya doin’?  How’s life in the Inferior Department? Wheeler:  Not so bad, Davey boy, not so bad. B:  You …

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A Paper Tiger?

Trump is proposing big changes to CEQ regs. But they may not matter.

The Trump Administration is trying to gut the current White House rules on environmental impact statements.  Some people view this move as a death blow to an important environmental tool. Here’s what Trump is trying to do and why it may not matter as much as people fear. As to what Trump & Co. are …

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Commemorating the National Environmental Policy Act’s 50th Anniversary

Celebrating NEPA: America’s Most Transformative, Overarching & Catalytic Environmental Law

On a snowy New Year’s Day in 1970–50 years ago today–then-President Richard Nixon signed into law the National Environmental Policy Act.  NEPA’s passage marked the beginning of America’s modern environmental law era.  It  was followed by Congressional passage of a series of other federal environmental laws over the next decade–major statutes that to this day …

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Bright Spots of 2019 (Yes, there were some!)

A bad year in many ways, but with promising signs for the future.

It’s been a tumultuous and often grim year in terms of environmental protection. The Trump Administration continued its onslaught against environmental protection, completing major regulatory rollbacks. Nevertheless, there were some rays of sun through the darkening clouds. State Initiatives.  Progress as the state level continued, as it has throughout the Trump Administration.  New York State …

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The Decade in Review

Like many humans, the Twenty-First Century’s teenage years were stormy.

“It was the best of times; it was the worst of times.”  That pretty much sums up the ten years from January 2010 to January 2020. As the decade began, Barrack Obama was in the White House and the Democrats controlled Congress but were one vote short of a filibuster-proof majority in the House.  Under …

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BoJo versus Trump on Climate

Why is the GOP such an outlier on climate change?

Boris Johnson is like Trump in many ways, including a casual disregar for truth, but they’re not alike on climate change. Right after his victory, Johnson renewed his pledge to make the UK carbon-neutral by 2050. He called for “colossal new investments. . . to make this country the cleanest, greenest on earth, with the …

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Guest Blogger Tom Callahan: The Fallacy of Climate Choice

COP 25 Blumenthal panel climate choice

Promoting Positive Climate Choices at Every Level of Decision-making

One of the undercurrents of the negotiations at COP 25 in Madrid is the lack of leadership from the United States government after the decision to pull out of the Paris Agreement. While the formal decision-making process here only involves nations that are party to the agreement, there are numerous NGOs, business groups and other …

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