Trump Administration

EPA Grants California’s Waivers for Clean Cars and Clean Trucks

By finally granting the Advanced Clean Car II waiver, the agency just undercut Trump’s planned attack on electric vehicles.

EPA just made the incoming Trump Administration’s efforts to stop the move toward clean, zero emission vehicles a whole lot tougher.  And ironically, the U.S. Supreme Court’s controversial decision overturning deference to agency actions, Loper Bright v Raimondo, may help California in any litigation over the legitimacy of the waiver request. EPA finally granted California …

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How to Make Climate as Compelling as Egg Prices

While politicians are right to focus on cost of living, it’s dangerously wrong to assume voters rejected climate policies in the 2024 election.

How do we make the climate crisis as compelling to voters as the price of eggs? That’s a question—an existential question—I’ve been asking myself for weeks now. My UCLA Emmett Institute colleagues and I have some ideas that I’ll be sharing over the next weeks and months. We’re hardly alone: Two months after a disheartening …

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Trump & Environmental Policy: The Sequel, Part II

Expect a lot of the same, but there could be some new twists.

Trump’s basic thrust is to eliminate environmental protection, just as he tried to do in his first term. But there are some new factors — new faces like Kennedy and Musk, and new developments like the massive investments sparked by Biden’s Inflation Reduction Act. Both Trump and the resistance will be better organized. In one way, you could think of this as a fascinating social experiment — but one with potentially devastating consequences for public health, climate change, and the future of the planet.

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Deal or No Deal?

Should Congress pass EPRA?

This is the second in a series of posts on permitting reform.  The first post is here. Given the provisions of the Energy Permitting Reform Act (EPRA), should Congress enact it as it stands now?  Answering that question is tricky, in part because it depends both on uncertain political and administrative action, as well as …

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Should We Do Permitting Reform?

What is at stake with the Manchin bill.

As Congress wraps up its lame duck session before the new Congress and President arrive in January, there is a lot of debate about whether to move forward on permitting reform within a quickly shrinking window of time.  The basis of debate is the Energy Permitting Reform Act (EPRA) co-sponsored by Senators Manchin and Barrasso.  …

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California Can Protect Climate Policies—and Pocketbooks

California flag and Capitol.

Lawmakers can use climate policies to alleviate some cost burdens. They should also resist the narrative that climate progress is driving affordability concerns.

Affordability is the name of the game at the California Legislature this session, with leaders in both the Assembly and the Senate talking explicitly about cost of living. But legislators’ focus on bringing costs down for average Californians doesn’t need to come at the expense of forward-thinking climate policy. Here are a few things legislators …

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Trump & Environmental Policy: The Sequel, Part I

Expect a lot of the same, but there could be some new twists.

They say that history never repeats itself, but it often rhymes.  As in many sequels, there will be many things we’ve seen before. Much of that consisted in an all-out attack on environmental law. If you hated the original, you won’t enjoy watching the same thing the second time around.  This will include massive regulatory rollbacks and expansion of fossil fuels regardless of environmental harms.

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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.

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NEPA 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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One 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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