Trump Administration
Two Years and Counting: Trump at Mid-Term
Trump has been in office for nearly two years. Where do things stand?
In September 2017 – that seems so long ago! — Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump Administration, based on an earlier series of blog posts. As we end Trump’s second year, it’s time to bring that assessment up to date. This is the …
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CONTINUE READINGDoes the New National Climate Assessment Hurt the Trump Administration in Court?
The Report Could Affect a Number of Cases
The newly released Fourth National Climate Assessment is a bombshell. It catalogues, in excruciating detail, the dire health, economic, and environmental consequences of unchecked climate change on every region of the United States. And although the Trump Administration appears to have tried to minimize the report’s political and public impact by dropping it on Black …
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CONTINUE READINGThe Rise of Benefit-Blind Analysis
The Trump Administration cares about regulatory costs. Regulatory benefits? Not so much.
Since Ronald Reagan’s time, there has been a consensus among conservatives that cost-benefit analysis (CBA) should be the gold standard for regulation. That approach has given them common ground with moderates such as Cass Sunstein, many economists (whether liberal or conservative), and at least a few scholars more environmentally inclined. Cost-benefit analysis has had its …
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CONTINUE READINGGuest Bloggers Deborah Gordon and Frances Reuland: Is California Extraordinary? Its Oil Resources Certainly Are
Facts About California’s Oil and Greenhouse Gas Emissions
Despite ongoing federal rollbacks to environmental regulations, California has the right to set its own clean air standards because it is truly extraordinary. Truth be told, the compelling circumstances that first set in motion California’s vehicle emissions standards remain entirely valid. And there are four recent conditions, related to California’s oil supply, production, and refining, …
CONTINUE READINGAn Ax, Not a Scalpel
Trump’s “take no prisoner’s” deregulatory strategy carries big litigation risks.
Some people, it would seem, prefer using an ax to a scalpel. That’s the Trump Administration. That strategy can be a great way to cut down a tree, but it doesn’t work so well for surgery. And there’s always the chance of cutting off your own foot. In many environmental domains, the Administration seems set …
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CONTINUE READINGWhat The 2018 Election Results Mean For California Climate Policy
Big wins for state initiatives and pro-climate candidates, plus opportunities for high speed rail and cap and trade
Some big wins for California (and therefore national) climate policy last night: Lt. Governor Gavin Newsom is elected governor, which means the state will continue its climate leadership on various policy fronts Prop. 6 loses, which would have repealed the gas tax increase and meant less funding for transit going forward Prop. 1 wins, which …
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CONTINUE READINGElection Scenarios
Here are three ways things could play out from now to 2020.
We should know within the next 48 hours who will control the House and Senate, though if races are very tight it might take longer. I don’t want to make election predictions — that’s Nate Silver’s job, not mine. But I do want to sketch out some scenarios for the next two years, depending on …
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CONTINUE READINGTen Reasons Why (the Midterms Matter)
Whatever happens on Nov. 6 will have a big environmental impact.
We’re less than a month from election day, which will help shape the future of environmental protection. Because the parties are so polarized now, partisan control in Congress or the states translates into movement toward further regulation or deregulation, depending on which party is in the ascendancy. Here are ten reasons why you should care …
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CONTINUE READINGAmerican Journal of International Law Publishes Symposium on Climate Change Localism
The online alter ego of the American Journal of International Law, AJIL Unbound, has just published its symposium on Climate Change Localism. The symposium explores the implications of subnational actors’ efforts to address climate change. The explosion of initiatives and declarations in recent years outside the federal government, ranging from state and local governments to …
CONTINUE READINGSupreme Court Stays Upcoming Juliana Trial
Chief Justice Roberts’ Order a Major Win for the Trump Administration
The presently-constituted U.S. Supreme Court doesn’t seem to care for climate change litigation or regulation. On Friday the Supreme Court took the extraordinary step of freezing pending discovery and the scheduled October 29th trial date in the closely-watched Juliana v. United States litigation. In a brief order, Chief Justice Roberts stayed all district court proceedings …
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