Trump Administration

The Kudlow Inversion

Trump’s key advisor on the economy, the coronavirus, and regulation, with a gift for getting everything wrong.

“Only the best people,” Trump said. Let’s talk about his chief economic advisor, Larry Kudlow. Kudlow seems to live in an inverted, upside-down world. He somehow manages to be wrong about everything — wrong about the economy, wrong about deregulation, wrong about climate change, wrong about the coronavirus. A full sweep, in other words. It’s …

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Members of Congress Oppose Trump Administration’s Attempt to Revoke California’s Clean Car Standards

UCLA Law’s Frank G. Wells Environmental Law Clinic files a brief on behalf of 147 members of Congress in the D.C. Circuit

California has long led the fight against pollution from passenger vehicles, setting its first car emissions standards in 1966 before federal rules were established. After the Clean Air Act was passed in 1970, California retained authority to establish a series of more stringent vehicle emissions rules—with the most recent iteration of greenhouse gas emissions standards …

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July Fourth at Mt. Rushmore: What about the “unalienable rights” of the Lakota?

In the limbo game of the 45th presidency: no matter how far the bar descends, Trump clears it by going under. Just two weeks after political furor over a planned Juneteenth support rally in Tulsa, Oklahoma—site of the 1921 Race Massacre, in which white mobs killed up to 300 Black people in 48 hours, and …

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Despite Trump

Climate action outside DC is far broader and deeper than when he took office.

Trump remains a grave threat to climate action and to the planet at large. But there actually has been significant progress on climate policy despite him.  Not so much in DC, of course. But outside the Beltway, climate policy has widened and deepened. At the state level, there has been a barrage of climate activity.  …

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Trump’s Border Wall, the Ninth Circuit Court of Appeals and Separation of Powers

U.S. Court of Appeals Rules Unconstitutional Trump Administration’s Diversion of $2.5 Billion in Congressionally-Appropriated DOD Funds for Border Wall Construction

Late last week, the U.S. Court of Appeals for the Ninth Circuit struck down the Trump Administration’s attempted diversion of $2.5 billion in federal funds Congress had appropriated for the Department of Defense.  The Trump Administration did so in order to finance President Trump’s proposed, controversial border wall at a level Congress had expressly declined …

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The Scourge of ERRD-16

Evident-Resistant Reasoning DIsorder can strike without warning.

A stubborn disagreement. A misguided tweet or facebook post. A lame remark. Those things can be normal behaviors. But they could be signs of something much more serious: a syndrome called Evidence-Resistant Reasoning Disorder or ERRD-16. This disorder has expanded explosively since a mutated form was introduced by a super-spreader in 2016. This super-spreader is …

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Environmentalists v. Cost-Benefit Analysis: What Does the Future Hold?

For now, at least, environmentalists and economists are aligned in criticizing Trump’s rollbacks. Will this alliance last?

If it’s true that “the enemy of my enemy is my friend,” environmentalists might want to take another look at cost-benefit analysis.  The Trump Administration is certainly doing its best to gut economic analysis of its rollbacks.  Both economists and environmentalists are resisting. Is this an alliance of convenience or will it be the start …

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Lessons from the DACA Ruling

The Court’s ruling could have important implications for environmental cases.

The Supreme Court’s ruling in Department of Homeland Security v. UC Regents was great news for 700,000 “Dreamers” who would otherwise face deportation. It also has important  implications for administrative law — and for environmental law cases in particular.  Here are three main takeaways. Requiring Reasoned Explanation.  Chief Justice John Roberts reinforced the principle that …

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No, It’s Not Over

The threat of COVID-19 continues to loom over us.

We’re all sick of being locked down, and the economic downturn has been brutal.  There’s a palpable sense that it’s time to put the coronavirus behind us and move on.  Unfortunately, the coronavirus does not agree. People now seem used to the idea of hundreds of new coronavirus deaths a day. Yet, even 500 deaths …

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DC Circuit Restricts “Housekeeping” Regulations

The Trump Administration likes to justify policy initiatives based on vague grants of authority. That’s just become harder.

Earlier today, the D.C. Circuit Court of Appeals decided two cases that add to the legal difficulties the Trump EPA will face in court.  The difficulties relate to two proposed EPA rules that attempt to hamstring  future efforts to impose tighter restrictions on pollution. Both EPA rules rely on vague, general grants of rule-making authority …

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