The Washington Post reported this morning that EPA is getting ready to roll back yet another Obama Administration climate regulation — this time, one regulating natural gas leaks. I wanted to add a brief postscript to Ken Alex’s post on this. What struck me most immediately was the sheer economic weirdness of making this rollback […]
Understanding Trump’s Drive to Ramp Up Carbon Emissions
Libertarians may oppose government regulation on principle, and to some extent that stance explains the Trump Administration’s environmental and energy policies. But the Trump Administration clearly views the fossil fuel sector as something more than another overly-regulated industry. Instead, expansion of this particular industry is seen as something good in itself. Thus, the Administration not […]
Rather Than “Improve” ESA, Newly-Adopted Regulations Dramatically Erode Its Historic Protections
The Endangered Species Act, enacted in 1973, has for most of its history been the most controversial and politically-charged of all the foundational environmental laws adopted by Congress in the 1970’s. But despite its contentious history, opponents of the ESA have been unsuccessful in their efforts to weaken the law, either through significant Congressional amendments […]
Air quality standards are next on the chopping block.
The first phase of Trump’s regulatory rollbacks has been directed against Obama’s climate change regulations. Those deregulatory actions will be finalized soon. What happens next will be in the hands of the courts. But the Trump EPA is now beginning a new phase in its attack on environmental regulation. Having tried to eliminate climate rregulation, […]
Big business was happily married to the GOP. But there’s trouble in paradise.
The GOP used to be synonymous with big business. But there seem to be growing divisions – divisions that may open the way to new environmental initiatives. In April, the Washington Post ran a story about the U.S. Chamber of Commerce’s decision to loosen its ties to the GOP and move toward a more bipartisan […]
The Trump Administration loses an environmental case. Again.
Last Friday, the Fourth Circuit halted efforts to build a natural gas pipeline because the Administration had done such a lousy job of showing its compliance with the Endangered Species Act. This was one of the Administration’s many losses in court. The case involved a perfect example of “arbitrary and capricious” decision making, to use […]
The ACE rule adds costs, achieves little, and disempowers the states. Nice job.
The Trump ACE rule violates all the Administration’s own deregulatory principles.To hear Trump talk, the point of deregulation is to reduce the burden of regulation on industry. But weirdly enough, that doesn’t turn out to be true of Trump’s effort to repeal Obama’s Clean Power Plan (CPP) and replace it with his own Affordable Clean […]
OIRA may have had its problems. What we have right now is much worse.
If you’re like most environmentalists, you probably don’t have a high opinion of OIRA, the White House office that’s supposed to oversee regulations. (For those who are new to this, OIRA stands for the Office of Information and Regulatory Affairs.) The complaints are legion: that OIRA lacks transparency, that it acts as a back door […]
Administration’s New Plan to Eviscerate States’ CWA § 401 Certification Authority Is Flawed Procedurally & Substantively
By now, readers of Legal Planet are well aware of President Trump’s ongoing efforts to rescind the Obama Administration’s “Waters of the United States” rule and replace it with a new federal regulation that dramatically circumscribes federal regulatory authority under the Clean Water Act. My Legal Planet colleagues and I have previously blogged on this […]
The Senator’s policy proposals have a lot of good points, but could be even better
Senator Elizabeth Warren has become famous for her policy plan documents as she runs for President. A few months ago, she released a new one focusing on public lands. The key points in her plan include: A moratorium on all new fossil fuel leasing on federal public lands Providing 10% of US renewable energy from […]