The Year Ahead

by Daniel Farber | December 31, 2018

A version of this post was originally published on Legal Planet.

What are the key things to watch for in 2019 in the environmental area?

Regulations.

  • According to the Trump administration’s schedule, three big rules should be issued in March: repeal of the Waters of the United States rule (WOTUS), repeal and replacement of the Clean Power Plan, and the freeze on fuel efficiency standards. This seems very ambitious to me, especially for the last two where there are major technical issues to be resolved. EPA has already lost a couple of weeks due to the shutdown, and there’s every likelihood that will continue. But even with slippage, the rules are likely to come out sometime next year. There will also be movement on a bunch of other rules, such as the effort to loosen restrictions on methane emissions.
     
  • In addition, just prior to shutting down, EPA proposed a re-do of the toxics standards for power plants. The proposed rule would not change the standard, which would be pointless now that the industry has complied. Instead, EPA will try to establish a precedent for disregarding co-benefits (health benefits involving other pollutants, besides the one being directly regulated).

Courts.

  • More environmental rules will be hitting the courts. That will include the regulations mentioned above. It’s very unlikely that the legal issues posed by these major regulations will be resolved in 2019, but there will ...

Seven Bright Spots of 2018

by Daniel Farber | December 31, 2018
A version of this post was originally published on Legal Planet. Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points. Scott Pruitt. Pruitt resigned under fire. While his successor may be more successful in some ways, the fact remains that Pruitt was a disgrace. We're better off without him. Trump was apparently unfazed by his incompetence and aversion to hard work. But the succession of scandals and ...

Top Ten Regulatory Policy Stories of 2018 (IMHO)

by James Goodwin | December 20, 2018
While regulatory policy developments might not lead evening news broadcasts or dominate newspaper headlines, they can have an enormous impact on our day-to-day lives. Regulatory policy has been a particular hotbed of activity during the Trump administration, which swept into office determined to undermine or corrupt the institutions responsible for keeping Americans and their environment secure against unacceptable risks of harm. So, it is no surprise that 2018 was another busy year in regulatory policy. Here are 10 of the ...

Planning for the Public Health Effects of Climate Migration

by Maxine A Burkett | December 17, 2018
This post was originally published by the Wilson Center's New Security Beat. In Alaska's arctic communities, Inuit contemplating the need to relocate have reported that the loss of sea ice would make them feel like they are lost or going crazy. Zika and other vector-borne diseases have been a concern primarily for people in the southeastern United States. Recent research on the long-range internal migration of people from the coasts to the interior suggests a broader national concern regarding "climate ...

Chesapeake Bay Year in Review: A Beneath-the-Headlines Look at Some of the Biggest Restoration and Clean-up Issues

by Evan Isaacson | December 12, 2018
It's that point in the year when we take a step back and reflect on the past 12 months. This was a big year for those concerned about restoring the Chesapeake Bay, with plenty of feel-good stories about various species and ecosystems rebounding more quickly than expected. There were also more than a few headlines about record-setting rainfalls washing trash down the rivers, over dams, and coating the Bay's shores. But I am going to look beneath the headlines at ...

The New WOTUS Proposed Rule and the Myths of Clean Water Act Federalism

by Dave Owen | December 11, 2018
Originally published on Environmental Law Prof Blog. This morning, the U.S. Army Corps of Engineers and EPA released a proposed new rule that would change the agencies' shared definition of "waters of the United States." That phrase defines the geographic scope of federal jurisdiction under the Clean Water Act.  The proposed rule would narrow the scope of federal jurisdiction, primarily in two ways.  First, it would eliminate jurisdiction for "ephemeral" streams – that is, streams where water flows only during ...

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 ...

Opinion Analysis: Frogs and Humans Live to Fight Another Day

by Lisa Heinzerling | November 30, 2018
This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). In a mixed-bag ruling, a unanimous Supreme Court returned Weyerhaeuser Co. v. U.S. Fish and Wildlife Service to the U.S. Court of Appeals for the 5th Circuit to decide several questions not answered on the first go-round. Chief Justice John Roberts’ opinion for the court appears calculated to decide just enough to justify shipping the case back to the lower court. ...

Legal Scholars File Brief Supporting National Monuments Case against Trump

by Sarah Krakoff | November 26, 2018
In 2017, President Trump signed a proclamation reducing by about 85 percent the size of Utah’s Bears Ears National Monument, a large landscape of pristine red rock canyons and culturally and historically significant Native American sites. He claimed that he had the authority to shrink this and any other national monument under the Antiquities Act of 1906 and had previously ordered the Department of the Interior to review additional monuments whose designations stretch back decades. But does federal law really ...

Farm Bill 2018 -- Where Are We Going Post-Midterms?

by Laurie Ristino | November 16, 2018
The midterm elections are over, and most of the races have been decided. The outcome will have consequences for a wide variety of policies and legislation, including the 2018 Farm Bill. So what's the status of the bill? What are its prospects for passage during what remains of the 115th Congress? And how will the current and near-future political landscape impact the legislation's conservation provisions? To answer these questions and more, I moderated a recent Center for Progressive Reform webinar ...

Designing Law to Prevent Runaway Climate Change

by Melissa Powers | November 15, 2018
This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. "Every system is perfectly designed to get the results it gets." If that's so, our climate and energy laws have been perfectly designed to fall short. They will not avoid the catastrophic consequences of climate change or enable a swift transition to a zero-carbon energy system because they have not been ...

Environmental Justice and Environmental Sustainability: Beyond Environment and Beyond Law

by Sarah Krakoff | November 14, 2018
This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. Since the dawn of the environmental justice movement, we have heard the stories of individuals and communities left unprotected by our environmental laws and policies. Their stories reveal the deep-seated structures of racism and inequality that determine what resources and which people environmental law will protect. Despite risks to the cultural ...

Does the President Really Matter to U.S. Participation in International Law? A View from the Perspective of Oceans Law

by Robin Kundis Craig | November 13, 2018
This post is part of a series of essays from the Environmental Law Collaborative on the theme "Environmental Law. Disrupted." It was originally published on Environmental Law Prof Blog. How much do presidents really matter to the United States' participation in international environmental law? Fairly obviously, presidential turnovers in the United States are absolutely critical to how the United States conducts its international relations. President George W. Bush's pursuit of Middle Eastern terrorists in the wake of 9/11, including wars ...

Act Two: Answering the Clear Mandate for Vigorous Oversight

by Matt Shudtz | November 08, 2018
For two years, President Trump has attempted to steer federal policy in ways that undercut core American values. His vision of government – to the extent one can divine a coherent vision – lacks compassion, fairness, a commitment to equal voice and opportunity, and concern for the long-term threats that families and communities cannot address on their own. Instead, the president has embarked on a campaign to remake the core institutions of our democracy in a new, authoritarian mold. And ...

Argument Analysis: Yukon-Charley Continues to Commandeer Gray Cells

by Sandra Zellmer | November 06, 2018
This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). Click here to read Professor Zellmer's follow-up analysis of the opinion in this case. Alaska hunter John Sturgeon is asking the Supreme Court to slam the door on the National Park Service's ability to apply its nationwide hovercraft ban to the Nation River within the Yukon-Charley Rivers National Preserve. Sturgeon's attorney, Matthew Findley, told the justices during oral argument yesterday that the Alaska National ...

Climate Change, Public Health, and the Ocean and Coasts

by Robin Kundis Craig | November 05, 2018
Climate change is having significant effects on the ocean. Sea levels are rising. The ocean is becoming warmer, and because the ocean absorbs chemically reactive carbon dioxide, its pH is dropping. Hurricanes, typhoons, and other coastal storms are becoming stronger on average. Marine species are on the move, generally shifting toward the poles and, to a lesser extent, deeper. Coral reefs are dying.  Clearly, the climate impacts on the ocean are cause for concern. Between 2013 and 2016, the ocean ...

Environmental Policy

The planet faces unprecedented environmental challenges. Heading the list of threats is climate change, but other problems persist, including air and water pollution, toxic waste, and the protection of natural resources and wildlife. In recent years, we've been reminded that many of these problems , in their way, magnify the harm from natural disasters.

Trump's Legal Challenges to the California Car Deal

Farber | Sep 09, 2019 | Environmental Policy

Clearing the Air

Farber | Aug 26, 2019 | Environmental Policy

Can the Appalachian Trail Block a Natural Gas Pipeline?

Sachs | Aug 14, 2019 | Environmental Policy

Get Ready for Phase 2 of the Deregulation Wars

Farber | Aug 05, 2019 | Environmental Policy

The Flight of the Bumblebee

Farber | Jul 30, 2019 | Environmental Policy

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