A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities. Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA). NEPA, in short, requires the federal government to thoroughly analyze significant […]
Half a dozen observations on our (probably) soon to be junior Justice.
I wanted to add a few words about Kavanaugh in light of Ann Carlson’s excellent post a few minutes ago. No doubt we’ll be seeing more about his views after people have had time to read his opinions and some of his law review writing. But there are a few points I would add after […]
There are several strategies for insulating climate policy from leaders like Trump.
Trump’s election was a surprise. What should not be a surprise is the inevitability of political setbacks for climate policy. We saw that in the U.S. with the shift from Clinton to Bush and then from Obama to Trump. We also saw that in Australia where it meant the repeal of a promising emissions trading […]
Under pressure, Pruitt finally exits EPA.
President Trump tweeted today that he had accepted Scott Pruitt’s resignation and appointed Robert Wheeler as Acting Administrator of EPA. Wheeler is likely to be just as bad on policy and could well be more competent and effective than Pruitt. But Pruitt was a disgrace to the office, and it is good to see him […]
It’s unlikely that a bailout will have more than a temporary effect. Assuming it holds up in court, that is.
Trump plans to use national security powers to prop up uneconomic coal and nuclear plants. Rick Perry says the government is trying to figure out the cost of this effort – but he doesn’t seem to care what that cost would be. After all, he says, “You cannot put a dollar figure on the cost to keep […]
The Supreme Court may be shifting the rules for reviewing agency interpretations of statutes.
In June, the Supreme Court decided two cases that could have significant implications for environmental law. The two cases may shed some light on the Court’s current thinking about the Chevron doctrine. The opinions suggest that the Court may be heading in the direction of more rigorous review of interpretations of statutes by agencies like […]
BLM and Forest Service produce draft environmental impact statements for plan revisions
I wrote in the fall about the Trump Administration’s efforts to weaken protections for sage grouse on federal public lands. The next step in that process is currently ongoing – draft environmental impact statements (EIS) for revisions to land management plans for BLM and Forest Service lands. Those EISs are required by the National Environmental […]
How do we make environmental progress despite an increasingly unsympathetic court?
Ann Carlson wrote an excellent post about how Kennedy’s departure might impact some key environmental issues. His retirement means that the Supreme Court will move even further to the right and stay there at least until one of the conservatives departs (maybe Thomas, the oldest). The new pick is likely to be another Gorsuch, which […]
Short Answer: It’s Not Good
The news that Justice Anthony Kennedy is retiring has ramifications for many important areas in constitutional law, including affirmative action, same-sex marriage, and abortion. His vote was also pivotal in many environmental cases. Justice Kennedy will almost certainly be replaced by a more conservative justice. If that justice votes with the conservative wing of the […]
Also, please delete all references to global w***ing.
MEMORANDUM To: All Department Staff From: The Secretary Re: Eliminating Cl***** Ch**** As you know, it is this Administration’s policy to eliminate all references to Cl***** Ch**** from government documents. This policy has been unevenly implemented, but I have informed the President that we are adopting a zero-tolerance approach. All use of the “double-c […]