Trump Administration

California and the Coronavirus: A Timeline

The first reported California death was a month ago. It seems more like an eon has passed.

How does coronavirus hit a state? First slowly, and then very fast. California was one of the first places in the U.S. to be hit with the coronavirus, and also one of the earliest to take action. Here’s a timeline, with some national events for comparison: January Jan. 25.  First California coronavirus case reported. February …

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Seven Months to Election Day (and Counting)

You may have forgotten, but the clock is still ticking.

You may not have been focused on this, but there will be a Presidential election seven months from today.  The stakes are enormous for environmental law.  In fact, those stakes can be measured in megatons of carbon.  There’s no question about Trump’s approach to environmental regulation. As of the beginning of this year, ninety-five environmental rollbacks …

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A Tearful Trump Rues Climate Denial

Greta Thurnberg Given Free Mar-a-Lago Lifetime Membership

Tears ran down his face as Trump paused in the middle of an unscheduled coronavirus briefing late last night. He turned to reporters saying, “Climate change. It’s a disaster. Who knew? It’s a real disaster. I alone can fix this!” Stunned White House aides attributed the comments to a telephone conversation that evening between Trump …

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Deciphering the SAFE Rule

When the agencies say x, they mean y

I’m one of many environmental lawyers this morning poring over the just-released final rule rolling back federal fuel economy and climate emission standards for cars.  I’m finding it helpful to create a key, of sorts, to the Orwellian language I’m encountering.  Here you go!  Happy reading, everyone.   What it says   What it means …

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Polticial Bias Versus Scientific Integrity: An Empirical Test

What the effort to pack the EPA’s Scientific Advisory Board can teach us.

Many people distrust environmental science, though for different reasons.  Progressives may discount science that they see as supporting business interests.  Meanwhile, conservatives may think scientists come to “politically correct” conclusions in order to get grants. It’s reasonable to think that these things may sometimes happen.  But how strong are these effects? Unwittingly, the Trump Administration …

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Still Not SAFE

The Trump administration moves ahead with plans to roll back Obama-era fuel economy standards.

After months of delay, the Trump administration has reportedly chosen this coming week—in the middle of a nationwide crisis due to the COVID-19 pandemic—to finally release the second part of its two-part rollback of Obama-era automotive fuel economy standards.  This isn’t the only environmental rollback action the administration is planning to take during the coming …

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The Environmental Pollution Agency Prioritizes Environmental Rollbacks While Dropping Environmental Enforcement

New Policy Allows Companies to Use Covid-19 As an Excuse to Pollute

The covid-19 epidemic is providing the Environmental Protection Agency with the perfect opportunity to demonstrate its priorities:  full speed ahead with environmental roll backs, including greenhouse gas/fuel economy standards for cars, cutting back on the regulation of mercury from power plants, loosening regulations on coal ash from coal plants and more.  Employees at EPA have …

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While You Were Sleeping: Coronavirus Apparently Won’t Stop Trump Environmental Rollbacks

EPA May Roll Back Car Standards Next Week

The New York Times is reporting that, despite the corona crisis and the shelter in place orders affecting people around the country, Andrew Wheeler is pressuring his EPA staff  to release a finalized rule rolling back  greenhouse gas emissions/fuel economy standards for cars.  These EPA staff are for the most part working from home with …

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Federalism and the Pandemic

For statutory, practical, and constitutional reasons, states are on the front line.

The states have been out in front in dealing with the coronavirus. Apart from Trump’s tardy response to the crisis, there are reasons for this, involving limits on Trump’s authority, practicalities, and constitutional rulings. Statutory limits. As I discussed in a previous post, the President’s power to deal with an epidemic is mostly derived from …

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Court Rejects Trump Administration’s Cap-and-Trade Lawsuit Against California

Federal Government’s Constitutional Challenge to California’s Linked GHG Reduction Plan Fails

Since President Trump took office in early 2017, the State of California has filed over 70 different lawsuits challenging the Trump Administration’s policy initiatives on multiple fronts, including the environment, immigration policy and health care.  Over 40 of California’s lawsuits have targeted the Administration’s efforts to roll back longstanding federal environmental protection, natural resource management …

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