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Why The Keystone XL Pipeline Permit Can Be Challenged in Court

4/3/17  //  Commentary

The State Department's decision authorizing the Keystone XL pipeline raises a profound question about when courts can review agency action based in presidential power. The answer to that question has major implications for the rule of law.

Eli Savit

University of Michigan Law School

Pipelines, Presidents, and Policing Plenary Power

3/30/17  //  Commentary

The Trump Administration's recent reversal on the Dakota Access Pipeline can (and must) be carefully examined in court.

Seth Davis

U.C. Irvine School of Law

The Injustice of Trump's Climate Order

3/29/17  //  Commentary

As a result of Trump's tragic climate order, people will suffer, and some will die. Not only years from now, but also in the short term.

Eli Savit

University of Michigan Law School

If Trump Guts Key Programs, Does Staying in the Paris Agreement Even Matter?

3/27/17  //  Commentary

Loudly withdrawing from the Paris Agreement would deal the process a symbolic blow. But it’s hard to see the Trump Administration’s attack on the Clean Power Plan and increased fuel economy standards as anything other than a withdrawal in all but name

Ann Carlson

UCLA School of Law

Why California Stands in the Way of Trump's EPA

3/24/17  //  Commentary

President Trump recently announced that EPA will reconsider fuel efficiency standards. But so long as California remains free to set its own, more protective standard, Trump's decision may not matter very much. And the law is squarely on California's side.

Take Care

Why Trump's EPA Cannot Gut Climate Change Regulation

3/19/17  //  Commentary

Can EPA Administrator Scott Pruitt lawfully discard his agency's duty to regulate greenhouse gases? Probably not.

Eli Savit

University of Michigan Law School

Embracing Federalism

3/16/17  //  Commentary

It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies

Erwin Chemerinsky

U.C. Irvine School of Law