Trump Administration
The Green-State Playbook
Here are five ways states can save climate policy despite Trump.
Trump’s election is a body blow to U.S. climate policy, but there are ways that those states can fight Trump and move forward on their own plans. To cut to the chase, here are five key strategies for green states — starting with lawsuits against the Trump Administration, which were highly successful in Trump’s first term.
CONTINUE READINGSaving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
CONTINUE READINGTrump Goes to War Against Environmental Justice
Apparently it’s “woke” to worry about excessive pollution in minority communities.
There is little or no basis for Trump’s claim that Clinton environmental justice order violated either civil rights laws or the Constitution. Trump’s embrace of this extremist view is an indication of just how much more radical his second term may be compared with his first. The law does not require the government to close its eyes to the harm its own policies may be causing to minority communities.
CONTINUE READINGTrump’s War Against NEPA
One of Trump’s Executive Orders Heralds a Revolution in NEPA Practice
What’s going on here is pretty obvious, It’s not “improving environmental rules.” No, the title of the subsection is “Unleashing Energy Dominance through Efficient Permitting.” Anything that gets in the way of fossil fuel development – which is what Trump means by energy dominance – is going to get steamrolled. Including the environment.
CONTINUE READINGSurfing the Wave of Executive Orders
As an old song says, “Mama Miá, here we go again!”
One thing that no one can deny is that Trump is brilliant at political theater. People overlook the importance of that at their peril. But theater isn’t reality, and it remains to be seen how many of the grand gestures Trump made today will eventuate in law.Presidents love issuing executive orders. It’s easy to do, and many people will credit the president with major accomplishment. But really, as someone recently said, an executive order is “just a memo on fancy letterhead.”
CONTINUE READINGAre Climate Pledges on Life Support?
A Q&A with Catherine McKenna, who led the UN Secretary General’s High-Level Expert Group on Net-Zero Commitments of Non-State Entities.
Catherine McKenna knows firsthand how to persist in the face of pushback on climate policies. She was Canada’s Minister of Environment and Climate Change during the first Trump Administration, and she led negotiations of that country’s first national climate plan over intense oil industry opposition. “The oil sands sector and the politicians they sponsor aren’t just greenwashing a product,” …
Continue reading “Are Climate Pledges on Life Support?”
CONTINUE READINGLitigating Against Trump
Trump’s agencies had a terrible litigation record the first time. It will probably get better – but not that much better.
In his first term, Trump’s litigation record was awful – winning only one case in four by some estimates.The Trump folks should do a better this time. But they may not improve that much, and could still lose more often than they win. Money invested in litigating against the Administration will be well spent. Meticulous attention to evidence and legal requirements is likely to remain a weak point.
CONTINUE READINGDid California Policies Make the LA Fires Worse?
California’s environmental and climate regulations did not make the climate-fueled Palisades and Eaton fires more destructive or harder to fight. Here’s why.
We know climate change is partly to blame. Are California’s environmental policies regarding land and water management also to blame for the supercharged firestorm that has ravaged Los Angeles? It’s not just conspiracy theories on social media or misguided news stories; that’s the position of some congressional Republicans and President-elect Trump, who hold power over future …
Continue reading “Did California Policies Make the LA Fires Worse?”
CONTINUE READINGClimate Takeaways from Newsom’s Budget Proposal
The Governor’s proposed 2025-26 budget would tap the recent voter-approved climate bond and seek new emergency funds.
For more than a month, California has worked at “Trump-proofing” the State budget. Now you could say the Governor is looking to fire-proof it too. On Friday, as wildfires continued to rage across Southern California, officials from the California Department of Finance presented the Governor’s proposed 2025-26 budget. Earlier in the week, the Governor—who has …
Continue reading “Climate Takeaways from Newsom’s Budget Proposal”
CONTINUE READINGGovernment by Reconciliation
The reconciliation process avoids the risk of a Senate filibuster. But it comes wth procedural and political complications.
The GOP’s efforts to accomplish a big agenda through the reconciliation process will face serious complications. The Byrd rule limits the use of reconciliation to achieve non-budgetary purposes. A razor-thin House majority and factional warfare will make it hard to reach deals, as will Trump’s (& Musk;s) distaste for compromise.
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