Trump Administration
Can the Major Question Doctrine Block Trump’s Excesses?
The doctrine has been hailed by conservatives. But it may come back to bite them.
The major question doctrine tells judges to be skeptical when the government leverage some vague or obscure law to support a dramatic, unprecedented action. Dramatic, unprecedented actions are Trump’ stock in trade. The major question doctrine just might be what we need to block him.
CONTINUE READINGNEPA and Loper Deference (Part II)
Guest contributor Justin Pidot outlines what losing CEQ’s NEPA authority means for interagency coordination and efficiency.
Dan provided a terrific overview of the legal issues involved in the D.C. Circuit’s recent decision holding that CEQ lacks authority to promulgate regulations and, therefore, that the regulations governing implementation of NEPA across the government for decades are ultra vires. I want to offer some additional observations focused on the potential practical implications. First, …
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CONTINUE READINGOne Bright Spot to COP29 in Baku
The outcome of this year’s U.N. climate conference was depressing. But there was some notable news regarding global methane emissions commitments.
Some have described the United Nations Climate Change Conference (COP29) in Baku as “challenging,” “ineffective,” and “disappointing.” On the one hand, global greenhouse gas emissions have reached an all-time high, and the temperature for 2023 is the highest ever recorded. On the other hand, President-elect Donald Trump announced his intention to withdraw the U.S. from …
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CONTINUE READINGWhat does the election mean for the EV transition?
Slower, less certain, and less equitable–with a new focus on local leadership
The election of Donald Trump and a Republican Congress poses a direct threat to environmental protection and climate policy across the board, including destructive agency heads, reduced clean energy funding, abandoned international agreements, and more federal judges openly hostile to science-based regulation in service of public and environmental health. It’s a bleak outlook from any …
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CONTINUE READINGWhat’s Making this COP Especially Difficult?
Notes from COP29 in Baku, where the subject of real money, U.S. politics, and other tricky factors are converging.
My UCLA colleagues Ted Parson, JP Escudero and I just returned from Baku. Most of our work there related to side talks on advancing methane regulation (and our UCLA project on that topic), but we also got a sense of how the central negotiations were unfolding. As the New York Times and others are reporting, …
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CONTINUE READINGA To-Do List For Biden
The clock is ticking, but there’s still time for a few important last things.
Biden has a little over two months left in office. There are some important things he can do in the meantime to protect the environment from the next administration. Here are a few of the most important efforts.
CONTINUE READINGU.S. Energy Industry Trends To Watch In A 2025 Trump Presidency
New Trump administration policies will impact the energy industry, but maybe not in the ways Trump supporters expect, writes Guest Contributor Allan Marks.
Allan Marks is a partner at Milbank LLP and a lecturer at UC Berkeley School of Law and UCLA School of Law. This article was originally published in Forbes, for which he is a contributor, on November 7, 2024. When Donald Trump returns to the Oval Office in January 2025, his second presidency will have …
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CONTINUE READINGTrump-Proofing Time at the California Legislature?
Governor Newsom has called a special session for December 2nd. How can California lawmakers ensure California’s climate and environmental progress in the years ahead?
During the last Trump administration, California emerged as a serious counterweight to federal government backsliding on climate and the environment, and last week, some California lawmakers publicly recommitted to resisting future Trump administration efforts to reduce environmental and climate protections. On November 7, Governor Newsom issued a proclamation calling the Legislature into a special session …
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CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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CONTINUE READINGThe Dangerous Hypocrisy of Elon Musk
Tesla CEO Elon Musk wants to slash government and regulations for a Trump administration—even though California regulations helped build his companies.
Our chances of helping avoid the most catastrophic climate disruptions just dimmed dramatically. Donald Trump’s victory and self-declared mandate means a lot of things—among them, that crucial climate and environmental policies are threatened like never before. There will be plenty to say in coming days about what this means for America’s role in the world …
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