The Hill Op-ed: Trump Trashes the Natural World and Calls It 'Environmental Leadership'

by Joel Mintz | July 17, 2019

This op-ed was originally published in The Hill.

In a recent speech, President Trump touted what he described as "America's environmental leadership" during his presidency. He claimed that over the past two-and-a-half years, his administration has been "a good steward of public land," reduced emissions of greenhouse gases, and successfully promoted clean air and water. 

His claims are Orwellian in scope and mendacity. Even the most cursory examination of the Trump administration's environmental record reveals an appalling litany of irresponsible, anti-environmental actions.

On the existential issue of global climate change, Trump's actions have made the United States anything but an environmental leader. His decision to abandon the Paris Agreement — a promising beginning to international action to curb greenhouse gas emissions — made the United States the only nation on the planet not currently committed to achieving the accord's goals.

What progress we've made as a nation reducing U.S. greenhouse gas emissions, including carbon dioxide (CO2), has been achieved over Trump's opposition. Most U.S. cutbacks in greenhouse emissions are the result of city and state action and the climate-protective policies of the Obama administration.

The president has made a point of promoting coal, a notoriously dirty and deadly fuel that makes an outsized contribution to climate change. Instead of accepting the market reality that the coal industry is in rapid economic decline — and moving ...

CPR Member Scholars Feature Prominently in this Year's Duke Administrative Law Symposium

by James Goodwin | May 20, 2019
The annual Duke Law Journal Administrative Law Symposium has long served as one of the most prestigious fora for cutting-edge administrative law scholarship. This year's event, which featured the leadership and contributions of six CPR Member Scholars, was no exception. Each symposium is built around a theme, and this year's topic was "Deregulatory Games," which examined how the Trump administration's aggressive and often bizarre assault on our system of regulatory safeguards has tested the long-standing doctrines, norms, and institutions of ...

What President Trump's Infrastructure Agenda Gets Wrong

by Alejandro Camacho | May 08, 2019
Originally published in The Regulatory Review. Reprinted with permission. At the outset of the Trump Administration, policymakers of all stripes hoped infrastructure might be an issue on which Congress and the President could reach bipartisan agreement. President Donald J. Trump stressed infrastructure needs during and after the 2016 election, and members of Congress from both parties asserted that repairing and upgrading infrastructure was a top priority. Recently, President Donald Trump and congressional Democrats claimed to make progress over the possibility of ...

A Defeat on Offshore Drilling Extends the Trump Administration's Losing Streak in Court

by Alejandro Camacho | April 11, 2019
Originally published by The Conversation. The Trump administration's push to boost fossil fuel extraction has received a major setback. On March 29, Judge Sharon Gleason of the U.S. District Court for Alaska ruled invalid Trump's order lifting a ban on oil and gas drilling in much of the the Arctic Ocean and along parts of the North Atlantic coast. Gleason held that the relevant law – the 1953 Outer Continental Shelf Lands Act – authorizes presidents to withdraw offshore lands ...

Trump on the Environment: A Study in Falsehood

by Daniel Farber | March 29, 2019
Originally published on Legal Planet. The Washington Post has a list of false statements by Trump, which turns out to be searchable by topic. They've found, "In the first eight months of his presidency, President Trump made 1,137 false or misleading claims, an average of five a day." As of March 17, he was up to 9,179 false statements. There were 200 false statements about the environment – that's about one every four days, which compares favorably to the number ...

Declaring a Climate Change Emergency: A Citizen's Guide

by Daniel Farber | March 14, 2019
Originally published on Legal Planet. The possibility of declaring a national emergency to address climate change will probably remain under discussion for the next couple of years, particularly if the courts uphold Trump's "wall" emergency. For that reason, I thought it might be helpful to pull together the series of blog posts I've written on the subject. I want to emphasize three key points at the beginning: Declaring a climate emergency should be off the table if the Supreme Court rules ...

The Potential Benefits of Declaring a Climate Emergency

by Daniel Farber | March 04, 2019
Originally published on Legal Planet. I have a confession: When I started thinking about the possibility of a climate emergency declaration, it was mostly as a counterpoint to Trump's possible (now certain) declaration of an immigration emergency. As I've thought about it, however, it seems to me that there are enough potential benefits to make the idea worth serious consideration. A relatively restrained use of emergency powers could still have some real payoff. In general, I'm not in favor of expanding ...

National Security, Climate Change, and Emergency Declarations

by Daniel Farber | February 18, 2019
Originally published on Legal Planet. Trump finally pulled the trigger and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there's a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet's own Jonathan Zasloff in a post last week. I agree, but I want to dig deeper because it's such an important point. In order to ...

Flipping the Conservative Agenda

by Daniel Farber | January 31, 2019
Originally published on Legal Planet. Conservatives, with full support from Donald Trump, have come up with a menu of ways to weaken the regulatory state. In honor of National Backward Day – that's an actual thing, in case you're wondering, and it's today – let's think about reversing those ideas. In other words, let's try to come up with similar mechanisms to strengthen protections for public health and the environment instead of weakening protections. It's an interesting experiment, if nothing ...

Using Emergency Powers to Fight Climate Change

by Daniel Farber | January 14, 2019
Originally published on Legal Planet. Republicans are apparently worried that if Trump could use emergency powers by declaring border security a national emergency, the next president could do the same thing for climate change. There's no doubt that this would be far more legitimate than Trump's wall effort. Border crossings are much lower than they were ten years ago; he has said in the recent past that his prior efforts have vastly improved border security. In contrast, the Pentagon has classified ...

How Trump Officials Abuse Cost-Benefit Analysis to Attack Regulations

by Daniel Farber | January 09, 2019
This op-ed was orignally published in the Washington Monthly. In December of 2017, Donald Trump gathered the press for a variation on a familiar activity from his real estate mogul days. Stretched between a tower of paper taller than himself, representing all current federal regulations, and a small stack labeled "1960," was a thick piece of red ribbon – red tape, if you will. The president promised that "we're going to get back below that 1960s level." With his daughter ...

Two Years and Counting: Looking Forward

by Daniel Farber | December 10, 2018
Cross-posted from Legal Planet. In terms of regulatory policy, the second half of Trump's term is shaping up to look a lot like Obama's final two years in office. Congress won't be doing much to advance Trump's environment and energy agenda, as was the case with Obama. So, like Obama, Trump's focus will be on administrative action, particularly regulatory initiatives (or deregulatory ones, in Trump's case). The big question is how these efforts will fare in court. I want to ...

Two Years and Counting: A Historical Perspective

by Daniel Farber | December 06, 2018
Cross-posted from Legal Planet. This is the second of three posts assessing the first two years of the Trump administration. You can read the first post here. We all seem to be subscribed to the "All Trump News, All the Time" newsfeed. It may be helpful to step back a bit and compare Trump with his last Republican predecessor, George W. Bush. How do the two stack up? Bush and Trump were very different in character and style, but their ...

Two Years and Counting: Trump at Mid-Term

by Daniel Farber | December 03, 2018
Cross-posted from Legal Planet. In September 2017 – that seems so long ago! – Eric Biber and I released a report assessing the state of play in environmental issues 200 days into the Trump administration, based on an earlier series of blog posts. As we end Trump's second year, it's time to bring that assessment up to date. This is the first of three posts examining what Trump has done (and hasn't done) in terms of environment and energy. For ...

Taming White House Review of Federal Agency Regulations

by Lisa Heinzerling | October 11, 2018
This post was originally published as part of a symposium on ACSblog, the blog of the American Constitution Society. Reprinted with permission. Presidents since Ronald Reagan have, by executive order, required agencies to submit significant regulatory actions to the White House for review. Academic and public interest observers have variously criticized this review as slow, opaque, chaotic, lawless, and power-grabbing. Yet every president in the intervening years has not only embraced but also deepened the control of the White House ...

Trump to America's Most Vulnerable Communities: You're on Your Own

by James Goodwin | September 28, 2017
UPDATE: President Trump is no longer scheduled to speak on deregulation on October 2, but the planned deregulatory "summit" with various cabinet-level agencies is still slated to occur. Government-sanctioned cruelty makes for shocking images, as the events of the past few weeks demonstrate. People in wheelchairs forcibly dragged from congressional hearing rooms for protesting legislative attempts to strip them of access to affordable health care. The uncertainty on the faces of Puerto Rican parents as they survey the damage to ...

New Analysis Exposes the Trump Administration's Rulemaking Delays

by Rena Steinzor | July 19, 2017
Early in the Trump administration, news about delayed and "disappeared" rules emerged in several media outlets. Many of these delays were driven by a memo issued by Trump White House Chief of Staff Reince Priebus on January 20, 2017, which "froze" the implementation of rules until March 21, 2017, so that a representative of the administration could review them. Freezing rules for a limited amount of time is standard practice for newly inaugurated presidents. But the White House and agency ...

Chamber's Brief Lays Bare Crackpot Theory at Heart of Two-for-One Order

by Amy Sinden | June 15, 2017
I don't know what executive order the Chamber of Commerce is defending in the amicus brief it filed Monday in Public Citizen v. Trump. But it doesn't appear to be the one at issue in that lawsuit. The lawsuit charges that Trump's "one-in, two-out" executive order is unconstitutional. That's the order he issued in January requiring agencies to repeal two regulations for every one they issue. It requires agencies to make sure that the costs imposed by any new regulation ...

The Hill Op-ed: We Need a Climate Plan for Agriculture

Ristino | Aug 16, 2019 | Climate Change

A Letter to My Fellow Boomers about Climate Change

Farber | Aug 15, 2019 | Climate Change

Can the Appalachian Trail Block a Natural Gas Pipeline?

Sachs | Aug 14, 2019 | Environmental Policy

Can Hip Hop Save Rulemaking?

Goodwin | Aug 06, 2019 | Regulatory Policy

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