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Oct. 30, 2017 by William Buzbee

The Hill Op-Ed: Trump Administration's Clean Power Plan Repeal Proposal Is Illegal

This op-ed originally ran in The Hill.

The Trump administration's efforts to sidestep finalized regulations through stays or delays have so far met with judicial rejection in three straight decisions.

As these courts have concluded, such a deregulatory strategy violates settled law that administrative agencies are bound by their own finalized regulations until they undo them through a new full rulemaking process.

Environmental Protection Agency Administrator Scott Pruitt last week published a proposal to repeal the Obama administration's Clean Power Plan that similarly is headed for rocky shoals. 

The plan, although stayed pending resolution of legal challenges, is a fully finalized regulation, setting in place a federal-state process to reduce greenhouse gas emissions contributing to climate change from existing power plants.

Pruitt's proposed repeal has been criticized for its skewed cost-benefit analysis reversals and climate progress losses. But this repeal proposal suffers from two related illegalities, perhaps springing from Pruitt's political focus on pleasing favored constituencies regardless of what the law actually allows. An eventual legal loss might still be a political win.

Read the full op-ed in The Hill.

Oct. 17, 2017 by Hannah Wiseman
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Professor Hari Osofsky of Pennsylvania State University co-authored this article with Center for Progressive Reform Member Scholar and Florida State University College of Law Professor Hannah Wiseman. It originally appeared in The Conversation on October 13, 2017.

On Oct. 10, EPA Administrator Scott Pruitt formally announced a repeal of the Clean Power Plan, regulation intended to curb greenhouse gas emissions from existing coal- and natural gas-fired power plants. 

This follows a directive only a week earlier by Energy Secretary Rick Perry for the the Federal Energy Regulatory Commission to start a process to essentially subsidize coal and nuclear power plants. 

At first blush, these developments give the impression that the U.S. power sector is about to take a dramatic turn, and these decisions do indeed represent a significant shift in U.S. policy. But major changes on the ground are unlikely to happen overnight, or perhaps …

Oct. 10, 2017 by Daniel Farber
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An earlier version of this post appeared on Legal Planet.

Few things were more foreseeable than the Trump administration's repeal of the Clean Power Plan (CPP). The administration was never going to leave in place a regulation that disfavored coal and promoted the use of renewable energy in electricity generation. The only real questions were when and how.

Today, the administration is taking the first step with the release of a proposed rule repealing the CPP. EPA is relying wholly on the argument that it can interpret the statute in question (section 111(d) of the Clean Air Act) to cover only regulations within the fenceline of a power plant, not regulations that require the owner to obtain power from cleaner sources elsewhere.

The action is notable in part for what the agency did not do, some good and some bad. Here are some things that …

Oct. 4, 2017 by Daniel Farber
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What happens in Washington gets a lot of attention. You probably also follow what's going on in your own state. But it's very hard to know what's happening in states across the country.

In an effort to get a better sense of that, I've explored state activity on climate change and energy in a series of posts. This wasn't a fifty-state survey, or even a statistically valid random sample. But it does indicate what's happening in a range of states, some Republican and some Democratic, some on the coasts and others in the heartland.

Overall, I was struck by two main points. First, there's a lot going on in Blue States and states with mixed party control. It's certainly not just California that's taken action, even though it gets a lot of the publicity. But places like Hawaii …

Sept. 29, 2017 by Victor Flatt
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This op-ed originally ran in the Houston Chronicle.

Every day during the Hurricane Harvey disaster, our hearts would sink as we kept hearing the word "unprecedented" again and again. Harvey wasn't supposed to strengthen so fast; it shouldn't have stalled where it did. Every day as we hoped the worst was over, Harvey would pummel us even harder.

Everything was outside the norm, breaking all records. Over 50 inches of rain. Houston's "wettest month in recorded history." High river marks exceeded by 10 feet. A total volume of rainwater four miles square and two miles tall. Millions of residents evacuated or sheltering in place in America's fourth-largest city. All of them afraid.

Just days later came Irma, the most powerful Atlantic hurricane on record, whose strength was matched only by its unpredictability. Who should evacuate and where? Then, in less than a week …

Sept. 20, 2017 by Matt Shudtz
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This op-ed originally ran in the Baltimore Sun.

The full scope of the heartbreaking devastation wrought by hurricanes Harvey and Irma — the human, economic and environmental toll — may not be completely understood for years. As we do what we can to help the victims, it is also time to think about how we can prepare for the inevitable here in Baltimore. After all, Baltimore floods more than most other cities in the United States and gets little help from our inadequate water infrastructure.

Every time a major storm visits our region, millions of gallons of sewage overflow from Baltimore's antiquated sewers. Worse, our sewer system has failed time and again under even the smallest rainfalls. In August, federal, state and city regulators and lawyers finalized a deal to modify the legal settlement originally signed in 2002 to upgrade sewer infrastructure by 2016.

The good news is …

Sept. 19, 2017 by Matt Shudtz
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UPDATE: The Senate Committee on Environment and Public Works has rescheduled the confirmation hearing originally slated for Wednesday, September 20. The committee now plans to hold the hearing on Wednesday, October 4.

Three influential EPA offices – the Offices of Air, Water, and Chemical Safety and Pollution Prevention – share a common attribute. Each is at the center of a defining battle over its future. What is the future of climate regulation at EPA? How will the agency define "waters of the United States" given that the Trump administration is intent on dismantling the Clean Water Rule? And what will public safety officials do with last year's modifications to the outdated Toxic Substances Control Act? EPA has made bold moves under President Trump and Administrator Scott Pruitt on each of these fronts, so you'd be forgiven if you thought that a Senate-approved nominee were at the helm …

Sept. 9, 2017 by David Flores
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As Hurricane Irma takes aim at the Florida coast, questions about property and community vulnerabilities abound, including for some of President Donald Trump's properties. A brief analysis by the Center for Progressive Reform (CPR) has found that while Trump's properties, including Mar-a-Lago, face significant risk of damage from the hurricane and from the ongoing impacts of climate change, surrounding neighborhoods and communities will have a much more difficult time rebuilding and recovering from the storm. 

Three Trump developments in South Florida rank among the top seven most climate-vulnerable of his properties nationwide – Trump National Doral Miami, Trump National Golf Club, and Mar-a-Lago, all of which are located in Miami-Dade and Palm Beach counties. All are vulnerable to storm surge and flooding with potential inundation of at least part of each property, but should the president (or his not-so-blind trust) choose to repair and rebuild them …

Aug. 30, 2017 by David Flores
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As the country bears witness to the impacts of Hurricane Harvey, a storm unlike any other, the Trump administration's policy of rolling back worker, emergency response, and environmental safeguards will all but ensure that victims of future flooding events will be exposed to toxic contamination.

Over just a 36-hour period, an estimated 9 trillion gallons of rainwater deluged Texas, affecting millions and displacing tens of thousands along the Gulf Coast and in Houston. As the rainfall and flooding wear on this week, emergency responders continue rescuing stranded victims from the floodwaters. News outlets have reported that these floodwaters have exposed thousands to sewage overflows, but far less noted is how severe floods also expose residents and emergency responders to toxic industrial contamination. 

Oil and gas refineries – including the nation's second largest – shuttered operations before and during Harvey, confirming years of warnings about the vulnerability of …

Aug. 28, 2017 by Alice Kaswan
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With a sense of horror, the nation is watching waters rise in southeastern Texas as now-Tropical Storm Harvey spins across the Gulf Coast. While no individual storm can be attributed to climate change, scientists predict more intense storms, and the wisdom of preparing for future floods has never been clearer. And yet, less than two weeks ago, President Trump issued an executive order that rolled back a federal flood standard designed to anticipate intense flooding. Instead of investing in infrastructure to prepare for flood risks, the executive order jeopardizes future infrastructure.

One prong of President Trump's executive order "streamlining" federally-funded infrastructure reverses an Obama-era order that had wisely required federal agencies to take potential flooding into account when funding projects. Under Obama's Federal Flood Risk Management Standard, jointly developed by many federal agencies with input from a wide range of state and other stakeholders, federal …

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