Trump Administration
A Trumped-Up Bailout Plan
Legally deficient? Arbitrary? Disguised special interest favors? All par for the course in this Administration.
You couldn’t ask for a more typical example of the Trump Administration at work. Nuclear and coal plants are being closed across the country, unable to compete with cheap natural gas and increasingly cheap renewables. In a desperate effort to support the coal industry, Trump wants to force consumers to subsidize these plants. It’s not …
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CONTINUE READINGWhat Does Sports Gambling Have To Do With Environmental Law?
A Lot, Potentially, Following the Supreme Court’s Murphy v. NCAA Decision
Recently, the U.S. Supreme Court issued a major decision invalidating a federal statute that had prohibited states from allowing betting on competitive sporting events. Murphy v. National Collegiate Athletic Association, is one of those relatively rare Supreme Court decisions that directly affects a substantial portion of the American public. So it’s no great surprise that …
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CONTINUE READINGCARB Seeks to Maintain Stringency of California’s Vehicle Standards
Emmett Institute submits public comment in support of CARB’s efforts
Back in the halcyon days of 2012 when EPA, NHTSA, California, and the automakers crafted a grand bargain to adopt national vehicle emission standards, California agreed that compliance with vehicle emission standards adopted at the federal level would be “deemed to comply” with California’s standards. Now, as it becomes clear that the federal government intends …
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CONTINUE READINGGuest Blogger Cliff Villa: Es FEMA El Problema? Hurricane Maria and the Slow Road to Recovery in Puerto Rico
Strolling west on Calle Loiza from the Ocean Park neighborhood of San Juan, Puerto Rico, you could miss the devastation wrought by Hurricane Maria last September. Here in early May 2018, runners and walkers lap the track at Parque Barbosa while middle-aged men try to keep pace with younger guys on the sheltered basketball court. …
CONTINUE READINGEmergency Powers: A Two-Edged Sword
Trump is considering using emergency powers to save coal plants. Turnabout would be fair play.
The Trump Administration is considering using emergency powers to keep coal-fired power plants in operation even though they’re not economically viable. That would require an extraordinary stretch of the statutes in question. And if the statutes are interpreted that broadly, a future president could easily use them for the opposing purpose — forcing utilities to …
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CONTINUE READINGThe Questionable Legal Basis of the “Transparency” Proposal
EPA seems unsure of the legal authority for its proposal — and for good reason.
“They sat at the Agency and said, ‘what can we do to reimagine authority under the statutes to regulate an area that we are unsure that we can but we’re going to do so anyway?’” When he said those words, Scott Pruitt was talking about the Obama Administration. But it seems to be a pretty …
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CONTINUE READINGAnalyzing a CAFE Rollback
Rolling back the CAFE standards is going to be a heavy analytic lift at best.
The Trump Administration has begun a review of the second phase of fuel efficiency standards adopted by the Obama Administration. Ann Carlson has already blogged about the harmful effects of such a rollback. A new paper by researchers at Resources for the Future sheds some additional light on the situation. Although the study does not …
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CONTINUE READINGLaw professor comment on BLM proposal to revoke methane rule
Comment ids flaws in BLM’s proposal to revoke rule restricting methane emissions from oil and gas development on federal lands
I’ve already posted a couple of times on BLM’s proposal to revoke a rule that limits methane emissions (a major greenhouse gas) from oil and gas operations on federal lands. The period for public comment on BLM’s proposal closes today. A group of environmental law professors just filed a comment noting major legal problems with …
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CONTINUE READINGNative American Treaties, Declining Salmon Populations, Broken Promises & Environmental Justice
Pending Washington v. U.S. Supreme Court Decision Offers Hope & Vindication for Tribes, Coastal Fisheries
Truth be told, the U.S. Supreme Court’s 2017-18 Term has been an unsually quiet one for environmental and natural resources law. Until now. This week the Supreme Court heard oral arguments in a last-minute addition to the Court’s current docket. Washington v. United States, No. 17-269, a case the justices only accepted for review in January, …
CONTINUE READINGTales From the Front: A Field Trip to the Utah Monuments
Personal Reflections on the Raging Debate Over Trump’s Utah Monument Reductions
One of most highly visible disputes arising out of the Trump Administration’s multifaceted efforts to roll back and nullify the natural resources policies of previous administrations is the decision by President Trump and Secretary of the Interior Zinke to substantially reduce two national monuments in Utah created by former President Obama under the Antiquities Act. President Trump’s December …
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