Trump Administration
Things to Be Thankful For
Despite the Trump Administration’s efforts, there are rays of hope.
Three years into the Trump Administration, we’re now accustomed to waking up every morning to learn about a new attack on the environment. But there are also some things to be thankful for. Here’s how I started a similar post in 2017, just a year after the 2016 election: “Overall, it’s been a pretty lousy …
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CONTINUE READINGAnalyzing the revisions to the ESA regulations (Part V)
Overall, the revised regulations increase agency discretion, particularly to avoid consideration of climate change
This is the fifth post in a series. The first post is available here. The second post is available here. The third post is available here. The fourth post is available here. Overall, the biggest takeaways from the proposed regulations are that (a) they are intended to substantially increase the discretion the agencies have in …
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CONTINUE READINGAnalyzing the revised ESA regulations (Part IV)
The most important revisions to the regulations affect how federal agencies avoid harm to endangered species under Section 7 of the ESA
This is the fourth post in a series. The first post is available here. The second post is available here. The third post is available here. The final regulations I am discussing in this post are available here. These are by far the most significant, but also the most complicated changes to the regulations. Section …
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CONTINUE READINGAnalyzing the revised ESA regulations (Part III)
Regulations would make it easier for agency to avoid protections for threatened species
This is the third post in a series. For the first post, see here. For the second, post, see here. The regulations I am analyzing in this post are available here. Section 9 of the ESA prohibits any person from “taking” a listed species – take is defined in the statute rather broadly, to include …
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CONTINUE READINGAnalyzing the revised ESA regulations (Part II)
Regulations would make it harder to protect species and habitat because of climate change
This is the second in a series of posts. For the first post, see here. The regulations I am analyzing in this post are available here. The ESA has a system by which it determines what species warrant protection under the Act, and therefore should be listed as either endangered or threatened. In theory at …
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CONTINUE READINGAnalyzing the revised ESA regulations (Intro)
Trump Administration revisions would make significant changes to how Act operates
The Trump Administration in August finalized some significant revisions to the regulations implementing the federal Endangered Species Act (ESA). Those revisions got a fair amount of press coverage, much of it fairly negative, even apocalyptic in tone. See this NY Times editorial “The Species Act, Endangered”. I’ve (belatedly) tried to do a thorough review of …
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CONTINUE READINGEPA’s Draft Update to Its “Science Transparency Rule” Shows It Can’t Justify the Rule
EPA Cites an Inapplicable “Housekeeping Statute” to Justify Its Rule to Limit the Use of Science In Important Regulatory Decisions
Over a year ago, EPA issued a proposed rule , ostensibly to promote transparency in the use of science to inform regulation. The proposal, which mirrors failed legislation introduced multiple times in the House, has the potential to dramatically restrict EPA’s ability to rely on key scientific studies that underpin public health regulations. The rule, …
CONTINUE READINGEPA v. the Inspector General
Surprise, surprise, EPA has tried to stonewall an investigation.
EPA’s Acting Inspector General Charles J. Sheehan took the extraordinary step last week of notifying Congress that EPA was stonewalling his investigation of potential misconduct involving EPA’s Chief of Staff. This was a gutsy move for Sheehan, especially given the extra vulnerability created by his Acting status. Sheehan, it is worth noting, is a career …
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CONTINUE READINGThe US’s Departure from the Paris Climate Agreement is Not Such a Big Deal
The impacts of Pres. Trump’s action will be symbolic, not substantive
Soon after entering office, President Donald Trump promised to withdraw the United States from the Paris climate agreement. He did so yesterday, which was the first day that he may. This is unfortunate but not as great a tragedy as it might appear, at least substantively. This is because both of the Agreement’s content and …
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CONTINUE READINGWhat to Expect from Trump’s Second Term
Basically, a second term would be like Trump’s first term, but worse.
Here we are, one year from Election Day. As of now, there is a significant chance that Trump will be reelected in 2020, though experts disagree on the precise odds. In terms of the environment, what would his second term look like? The President. It’s conceivable that Trump might rethink his policy positions after reelection, …
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