The Costs of the EPA's Foot-Dragging and Obstinacy
The EPA, like many other agencies, is using every tool in the toolbox to avoid implementing the law. This trend is leading many courts to not give EPA and other agencies the benefit of the doubt in litigation.
Versus Trump: 2-For-39
This week on Versus Trump, Jason discusses some fascinating research about how the Trump Administration has fared in the courts with Bethany Davis Noll, the Litigation Director at the Institute for Policy Integrity. They discuss challenges to Trump's regulatory agenda, why the Administration is losing at a historic rate, what is slipping through the cracks, and what come next. Listen now!
Versus Trump: Stop The Drills!
This week on Versus Trump, Jason and Easha discuss a recent decision reversing President Trump's attempt to de-protect Arctic Ocean waters and permit drilling in the Great White North. Listen now!
Versus Trump: Kids vs. Climate Change
On this week's episode of Versus Trump, Jason, Easha, and Charlie discuss recent developments in a long-running case where young people claim that the federal government's inaction on climate change violates their right to live in a habitable world in the future. Listen now!
Updates | The Week of January 22, 2018
The Environmental Protection Agency has proposed a unified national automobile emissions standard, which may preempt California's stricter standard. California is challenging the Interior Department's repeal of standards for fracking on federal land.
Updates | The Week of January 15, 2018
FERC unanimously rejects Energy Secretary Rick Perry’s proposal to support coal and nuclear power plants. The Trump Administration backs off of plans for new oil drilling off the Florida coast.
Updates | The Week of November 20, 2017
The Trump Administration's decision to allow imports of trophies from big game hunting was met with fierce backlash, including a lawsuit from environmental advocates.
Update | Week of October 30, 2017
The EPA is reducing transparency and increasing the influence of industry at the expense of scientists. The Trump Administration is planning to reconsider a ban on mining for uranium in the Grand Canyon put in place during the Obama administration.
Updates | The Week of October 23, 2017
Commentary continues on President Trump's nominees to important environmental positions in light of their many ties to regulated polluting industries. The Department of the Interior removed discussion of climate change from its strategic plan.
Why California Stands in the Way of Trump's EPA
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.
Versus Trump: Suing To Stop A Shrinking Staircase
On a new episode of Versus Trump, Easha and Jason discuss several lawsuits filed over President Trump's recent Proclamation that substantially cuts the size of two National Monuments: Bears Ears National Monument and Grand Staircase-Escalante, both in Utah. Listen now!
On Climate, Trump is a Mainstream Republican
Debate over whether the world is better if we stay in or get out and the game-show-style interest that Trump (in typical Trumpian fashion) has generated regarding his BIG DECISION should not obscure two basic facts: (1) The Trump environmental policy is disastrous; and (2) when it comes to the environment and global warming especially, Trump is a mainstream Republican.
President Trump's Assault on the Antiquities Act
On Monday, President Trump announced that his administration was taking dramatic action to reduce the size of two national monuments in Utah. The President’s announcement is out of step with historical use of the Antiquities Act.
Can President Trump Rewrite the Past?
In an executive order last week, President Trump purported to rewrite the text of two of President Obama’s decisions that withdrew millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation. Today, a group of environmental organizations has argued in court that Trump can’t just pretend the past never happened.
What Happens if the U.S. Remains in the Paris Agreement?
If the Trump Administration chooses to remain in the Paris Agreement, it will be fascinating to see how the administration participates in its implementation. Here's a guide to some of the key legal and political questions.
What Do We Really Gain if the U.S. Stays in the Paris Agreement?
Trump already has eviscerated U.S. climate policy. Leaving the Paris Agreement would thus do little harm, while remaining would provide Trump with a fig leaf to obfuscate the damage he is doing. From an environmentalist point of view, the U.S. might be better off if Trump withdraws.
It is time for progressives to embrace federalism and to use Supreme Court precedents protecting states’ rights to fight against Trump administration policies
An Airtight Opinion on Fugitive Emissions
A recent D.C. Circuit opinion vindicates the principle that while agencies may have discretion over how laws are enforced, they cannot use that enforcement discretion to cancel legal obligations altogether.
Versus Trump: So, What's New?
On this week's episode of Versus Trump, Easha and Jason reveal their big announcement: we're doing our first ever live show: Saturday, June 9, in DC, as part of the ACS National Convention. After that excitement, they get into a handful of updates about cases about auto emissions, HUD programs, the ban on military service by transgender individuals, and more. Listen now!
Versus Trump: "What About Congress? + Steven Wu"
On a new episode of Versus Trump, Take Care's podcast, Easha, Jason, and Charlie discuss Congress's role and powers in investigations of the Executive. Then, Jason talks with Steven Wu, a Deputy Solicitor General in the Office of New York Attorney General Eric Schneiderman, about the case against Trump University, the active role of states in recent years, and other issues in which New York is adverse to the President. Listen now!
Why The Keystone XL Pipeline Permit Can Be Challenged in Court
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.
Calculating Costs and Defining Our Future
The March for Science reminded us that cutting funding to science today harms generations to come. Yet there is also another, subtler way the Trump Administration threatens to impose future costs on young people: the way in which it calculates costs themselves in cost-benefit analyses essential to our administrative state.
Let’s Not Burn The Paris Agreement To Save It
Today on Take Care, Professor Ann Carlson offers a provocative idea. She suggests that we should be rooting—alongside EPA administrator Scott Pruitt—for the Trump Administration to withdraw the United States from the Paris climate accords. Here’s a less provocative take: No, we shouldn’t.
Versus Trump Podcast: G.G. Case + Patti Goldman
On a new episode of Versus Trump, Take Care's podcast, we discuss the status of G.G. v. Gloucester County School Board, a major case about transgender rights, and then speak with Patti Goldman of Earthjustice about an important lawsuit that her organization has filed.
Updates | The Week of May 1, 2017
President Trump continues to debate pulling out of the Paris Agreement. He has been sued for trying to undo two of President Obama’s decisions withdrawing millions of acres of the Arctic and Atlantic Oceans from future oil and gas speculation.
Updates | The Week of July 17, 2017
The administration unveiled its first regulatory agenda, including details of its planned repeal of the Clean Power Act and Clean Water Rule.
Updates | The Week of May 8, 2017
Uncertainty remains about the future of the United States' commitments under the Paris Climate Agreement. Debate over the status of twenty-seven National Monuments heated up as the comment period for the Interior Department's review opened.
Updates | The Week of June 10, 2017
While the D.C. Circuit blocked the Trump Administration's attempts to scrap Obama-era methane regulations, the EPA continues to put other protective regulations on the chopping block.
Updates | The Week of April 24, 2017
This week, the March for Science took place in cities around the world — the Trump Administration was the recipient of heavy criticism.
Updates | The Week of August 21, 2017
Climate change concerns led a federal court to reject proposed construction of a natural gas pipeline, but the EPA rejected a ban on a possibly dangerous pesticide. Changes may be coming to the National Parks system.
Updates | Week of July 24, 2017
The Trump administration continues to attempt to erode the power of the EPA by proposing rollback of Obama-era regulations.
Updates | The Week of August 14, 2017
The EPA will roll back or rescind several Obama-era environmental policies. EPA Administrator Scott Pruitt is aggressively and secretly pursuing his anti-regulatory agenda.
Updates | The Week of April 17, 2017
The Trump Administration spent the week making moves to undo Obama-era environmental regulations while advocates have challenged the constitutionality of the Congressional Review Act.
Updates | The Week of July 3, 2017
The D.C. Circuit rejected the EPA's effort to delay the effective date of an Obama-era methane emissions rule. Commentary continued on the Administration's attempts to replace the Clean Water Rule.
Updates | The Week of April 3, 2017
President Trump has taken a lot of action dismantling Obama-era environmental regulations. Environmental groups have been just as active in filing suit in response.
Updates | The Week of March 20, 2017
The Trump administration is poised to end Obama-era environmental protections. Some argue the Environmental Protection Agency cannot lawfully gut climate change regulations. Plus we saw a glimpse into President Trump’s EPA appointees.
Updates | The Week of September 25, 2017
Questions remain over what would replace the Clean Power Plan. EPA Administrator Scott Pruitt threatened to end funding for the DOJ's Environmental and Natural Resources Division.
Updates | The Week of October 16
The upcoming UN climate change discussions are likely to pose challenges for the United States, which left the Paris climate accord. National Park Service administrators and interest groups near Dinosaur National Monument are voicing concern about increased drilling in the area. Scott Pruitt, EPA Administrator, pledged to crack down on settlements with environmental groups that sue the agency
Updates | The Week of March 27, 2017
President Trump signed an order rolling back many Obama-era climate change policies. Take Care covered this executive order extensively.
Updates | The Week of April 10, 2017
The Trump administration continues to consider pulling out of the Paris climate change agreement. Budget cuts and a deregulatory agenda threaten long-running EPA programs.
Updates | The Week of June 19, 2017
Energy Secretary Rick Perry states that carbon dioxide emissions are not the "primary control knob" behind climate change, and environmental advocates brace for Perry to release a report undermining clean energy sources.
Updates | The Week of October 2, 2017
The administration intends to announce its proposed repeal of the Clean Power Plan. President Trump's nominees to key EPA positions continued to receive criticism for their connections to regulated industries.
Updates | The Week of June 5, 2017
The fight over the U.S. withdrawal from the Paris climate agreement will extend beyond the 2020 election and may create problems for the U.S. under international legal frameworks.
Updates | The Week of July 31, 2017
Sixteen states filed suit against the EPA over its delay implementing a rule on ozone pollution. DHS has waived several environmental laws to expedite potential construction of the proposed border wall.