Trump Administration
What 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which means the state will continue its climate leadership on various policy fronts Prop. 6 loses, which would have repealed the gas tax increase and meant less funding for transit going forward Prop. 1 wins, which …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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CONTINUE READINGJumping the Fence Line, Embracing the Grid
Precedent from another agency for the Clean Power Plan.
If you’ve been reading this blog or otherwise keeping up with environmental law, you’ve probably heard this a hundred times: In rolling back Obama’s signature climate regulation, the Clean Power Plan, the Trump Administration is relying on the idea that EPA’s jurisdiction stops at the fence line. That is, according to the Trump folks, EPA …
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CONTINUE READINGComments on proposed ESA rule changes
Law professors submit detailed comments on proposed changes to regulations that implement the Endangered Species Act
I’ve posted earlier about proposals by the Trump Administration to make significant changes to the regulations implementing the Endangered Species Act, some of the most substantial revisions to those regulations since they were overhauled in the early 1980s. A group of environmental law professors (including me) submitted comments on those proposed rules last month, with …
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CONTINUE READING“National Security” Coal-Bailout Collapses
Trump demanded the use of national security powers to subsidize the coal industry. Looks like that’s not happening.
In its desperate effort to save the failing American coal industry, the Trump Administration promised to use emergency powers to keep coal-fired power plants in operation even though they’re not economically viable. That would have been the kind of disruptive change that Trump promised to bring to Washington. But the effort seems to have gone …
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CONTINUE READINGTrump Administration’s Quiet Policy Change Could More Than Double Hazardous Air Pollution in California
Change in MACT applicability could result in 935 additional tons of toxic pollution emitted by stationary sources in the state each year
Earlier this year, EPA made a major policy change in how the agency evaluates stationary sources of hazardous air pollutants in a memorandum quietly issued without any warning or opportunity for public comment. This policy change was promptly challenged by California and two different coalitions of environmental and community groups (one suit was filed by …
CONTINUE READINGThe Endangered Species Act in the Supreme Court: Oral Argument Today in Weyerhaeuser v. US Fish & Wildlife Service
Post-Argument Panel at Georgetown Law Will Feature Advocates
Oral argument in Weyerhaeuser v. U.S, Fish & Wildlife Service is this morning, the first day (and first argument) of the new Supreme Court term. The Court will be short-handed, with only eight Justices hearing the case. I’ll be attending the argument and speaking on a post-argument panel at Georgetown Law School, along with other advocates …
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