Trump Administration
Can Trump Save U.S. Coal? Not likely.
“Beautiful clean coal”, as Trump calls it, is inexorably declining.
The title of one of Trump’s executive orders is “Reinvigorating America’s Beautiful Clean Coal Industry.” That order says, “it is the policy of the United States that coal is essential to our national and economic security.” But Trump’s efforts seem unlikely to make a dent in the long-term, global malaise of the coal industry, or its sharp decline in the U.S.
CONTINUE READINGReconciliation and public lands
Most changes would be to the leasing process for oil and gas development and reflect a partisan response to ping-pong governance
As the Senate takes up the House’s version of the reconciliation bill, I wanted to briefly summarize the main provisions that relate to public lands – in part so readers can be aware of the state of play as to what might (or might not) come to pass in the Senate. The bill as passed …
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CONTINUE READINGGiving Away the National Parks?
Another Trump Administration idea that probably requires Congressional action, and thus probably won’t happen
Another national park idea the Trump Administration had recently was to offload hundreds of national parks to states and local governments, in order to trim $900 million from the Park Service budget. The proposal is spare on details, only calling for the “transfer [of] certain properties to State-level management.” Secretary of the Interior Burgum stated …
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CONTINUE READINGThe Rock
Public lands law stands in the way of Trump’s proposal to reopen Alcatraz
About a month ago, President Trump floated the idea of reopening the federal prison at Alcatraz. The prison has been closed for decades, and it is now part of the Golden Gate National Recreation Area, managed by the National Park Service, and a major tourist attraction. While a lot of the press coverage focused on …
CONTINUE READINGGovernment Hires Shouldn’t Have to Take a MAGA Essay Test
Schedule F was bad, But Trump’s latest move is even worse.
The Trump Administration has adopted new hiring procedures that will impose ideological litmus tests in federal hiring. Job applicants will be graded on essays about their allegiance to “America’s founding principles” and their commitment to implementing Trump’s executive orders. These new essay questions have little to do with the jobs of most government and employees and more to do with ideological conformity. They violate both the Civil Service statute and the First Amendment.
CONTINUE READINGClimate Lawsuits Now a Matter of Life and Death
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
What a week for watchers of climate litigation. Big new filings, claims of death and destruction, a landmark ruling, and a juicy hearing all in the span of 36 hours. First, there was what the New York Times described as “the first wrongful death lawsuit” to be brought against oil and gas companies over claims …
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CONTINUE READINGEnvironmental Rollbacks: Will the Trump Administration Overplay Its Hand?
The odds are good that Trump agencies will go too far out on a limb.
The Trump Administration’s tendency to rely on bold legal arguments rather than detailed technical ones is a disadvantage in court. Courts defer to agencies on factual matters, especially those that involve technical expertise. Now that Chevron has been overruled, however, legal arguments by agencies don’t get the same deference. Thus, the chances of a judicial reversal are higher when the agency relies on purely legal grounds.
CONTINUE READINGGas Price Politics and Desperate Moderates
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
In 18 years of working in newsrooms around Los Angeles, I talked with lots of political campaigns — but a phone call from Antonio Villaraigosa in spring of 2018 stands out. I was at my desk in the cramped newsroom of KCRW, sitting in between All Things Considered host Steve Chiotakis and producer Ben Gottlieb, …
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CONTINUE READINGTrump Goes Nuclear
Four new executive orders try to launch a nuclear renaissance.
Diluting safety and environmental reviews is also likely to lead to a lot of litigation, which will slow nuclear licensing to a crawl. In addition, the industry knows that what one President can do by executive order, the next President can undo. So it could be risky to make investments in facilities that will be around for many decades, based on what could be an evanescent presidential policy. And the public will have good reason to fear that public safety won’t be a priority.
CONTINUE READINGWhat Happened to EPA Enforcement?
Enforcement efforts peaked long ago and have been in long-term decline. Trump will accelerate that.
There has been a long-term decline in EPA enforcement since the late Bush Administration. The numbers raise three questions: What’s behind the long-term trend? Why has pollution generally continued to decline despite weaker enforcement? And how bad will things be under Trump II? As to the third question, Trump has already made it clear that we can expect environmental enforcement to crash and burn in the next four years.
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