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 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.
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.
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 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 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.
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!
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.
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.
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
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 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 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 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 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 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.