aside Courts Pushing Back On President’s Environmental Orders

Image result for photo of federal court in northern california

The republican President Donald Trump has been moving as quickly as he can to reverse any pro-environmental orders issued by former democratic President Barack Obama, but his administration has hit a brick wall with the federal court systems.

Here’s the rest of the story…

On October 6, 2017, Eric Lipton of the New York Times penned the following report, “Courts Thwart Administration’s Effort to Rescind Obama-Era Environmental Regulations.”

Excerpts:

 The rapid-fire push by the Trump administration to wipe out significant chunks of the Obama environmental legacy is running into a not-so-minor complication: Judges keep ruling that the Trump team is violating federal law.

Chris Britt / Illinois Times

“The latest such ruling came late Wednesday (10/4/17), when a federal magistrate judge in Northern California vacated a move by the Department of Interior to delay compliance with rules curbing so-called flaring, a technique oil and gas companies use to burn off leaking methane. Flaring is blamed for contributing to climate change as well as lost tax revenues because the drilling is being done on federal land.”

“It was the third time since July that the Environmental Protection Agency or the Interior Department has been found to have acted illegally in their rush to roll back environmental rules. And in three other environmental cases, the Trump administration reversed course on its own after lawsuits accusing it of illegal actions were filed by environmental groups and Democratic state attorneys general.”

“The legal reversals reflect how aggressively Mr. Trump’s critics are challenging the administration’s efforts to rescind regulations enacted during the Obama administration, not only related to the environment, but to immigration, to consumer protection and to other areas.”

Bob Englehart / Cagle Cartoons

“Yet even as the list of failed or at least stalled rollbacks continues to grow, the Trump administration, in many other cases, continues to move ahead, often taking multiple steps related to the kill the same rule, meaning these early setbacks do not necessarily mean the matters are settled.”

“The Trump administration is confident in its legal positions and looks forward to arguing — and winning — before the federal judiciary,” Kelly Love, a White House spokeswoman, said in a statement. “This is in stark contrast to the previous administration, which may be the worst win rate before the Supreme Court since the Taylor administration in the early 1850s.”

“Still, the string of court rulings and administrative reversals — even some conservative legal scholars agree — is a sign that the Trump administration has been in such a rush to undo the Obama legacy that it is almost inviting legal challenges.”

Paresh Nath / The Khaleej Times, UAE

“If I were in this administration, this should be seen as a warning sign,” said Jonathan H. Adler, the director of the Center for Business Law & Regulation at Case Western Reserve University School of Law. “The message is clear: Guys, we have a problem here. We are trying to do stuff that is hard and we are not crossing our i’s and t’s.”

“Environmentalists see it as proof that Mr. Trump and his team care little about honoring federal law.”

“It shows serial lawbreaking and sloppiness by a Trump administration bent on rollbacks,” said John Walke, the director of the clean air project at the Natural Resources Defense Council. “It is sad they have to have their comeuppance in courts rather than doing what was right.”

“But even within the White House, there is awareness that the agencies need to be more careful to avoid further stumbles.”

Milt Priggee / www.miltpriggee.com

“There are concerns,” Neomi Rao, the head of the Office of Management and Budget division that oversees major federal rules, said in an interview this summer, shortly after she assumed her post. “Agencies want to move quickly to get things done.”

“Policy experts say the reversals also underscore the fact that crucial positions within the E.P.A. and the Interior Department remain unfilled, and that a lack of trust exists between political appointees and career staff members.”

“The career people at E.P.A. and D.O.J. are top-notch lawyers,” said Richard J. Lazarus, an environmental law professor at Harvard University. “But you have political people come in, and they don’t trust them at all and try to do it without them.”

Paresh Nath / The Khaleej Times, UAE

“Xavier Becerra, the attorney general of California, who has been perhaps the most aggressive of the state officials suing to challenge Trump administration rollbacks, said he hopes the White House is getting the message.”

“No man, no woman is above the law,” Mr. Becerra said in an interview, shortly after the California magistrate judge ruled that the Interior Department had illegally postponed the enforcement of the methane flaring rule. “You have to follow the rule of law. It makes no difference if you are in the White House or not.”

“Each of the rules at the center of these legal challenges has major public implications.”

John Darkow / Columbia Daily Tribune

“The Department of Interior methane rule reinstated by a federal court on Wednesday will annually eliminate the equivalent of greenhouse gas emissions from about 950,000 vehicles, according to an Obama administration estimate, while also generating millions of dollars in extra federal revenues because oil and gas companies right now do not pay royalties on methane they flare off in giant torches that light the sky.”

“But the Interior Department, under new leadership, argued that these environmental benefits were not worth the costs.”

“Small independent oil and gas producers in states like North Dakota, Colorado and New Mexico, which account for a substantial portion of our nation’s energy wealth, could be hit the hardest,” Katharine MacGregor, a senior Interior Department official, said in a statement this spring.”

Adam Zyglis / Buffalo News

“The federal court judges were not impressed by the legal arguments the Interior Department and E.P.A. made as they separately moved to repeal the Obama-era rules related to methane, which is considered a major factor in climate change.”

“Efforts by Scott Pruitt, the E.P.A. administrator, to postpone his agency’s methane rule were “unlawful,” “arbitrary” and “capricious,” a three-judge panel said in July.”

Patrick Chappatte / International New York Times

“Agencies obviously have broad discretion to reconsider a regulation at any time,” the judges ruled. “To do so, however, they must comply with the Administrative Procedure Act (APA), including its requirements for notice and comment.”

“There are signs that the Trump administration is hearing this message. As in three other recent cases, the administration has given up efforts to roll back rules after lawsuits were filed to challenge them even before any judges had ruled on the merits of the arguments.”

“Those reversals involve rules intended to reduce asthma-causing ozone pollutiontoxic mercury contamination in water supplies and a requirement that state transportation departments monitor greenhouse gas emission levels on national highways and set targets for reducing them.”

Mike Luckovich / Atlanta Journal-Constitution

“Kyle Danish, who represents oil and gas companies and electric utilities for the law firm Van Ness Feldman in Washington, said the administration is learning an important lesson: even rolling back regulations involves bureaucracy.”

“There’s an irony here that an administration that is upset about the administrative state is going to need multiple rules just to change the rules. But that’s the reality,” he said.”

“Not everyone is concerned by the court setbacks. Matt Letourneau, a spokesman for the U.S. Chamber of Commerce, called them “relatively minor blips in a much larger, longer-term effort,” and he noted that the Department of Energy has won recent cases against environmental groups related to the transport of liquefied natural gas.”

R.J. Matson / Roll Call

“Even with these setbacks, the list of environmental rules that have been delayed or reversed is considerable, including reversing freezes on new federal coal leases, offshore drilling in the Atlantic and Arctic Oceans and lifting mining restrictions in Bristol Bay, Alaska.”

“And just because courts are ruling against the Trump administration, it does not mean the fights are over.”

“On Thursday (10/5/17), for example, the day after the court overturned its effort to delay the flaring rule, the Interior Department posted a new notice in the Federal Register  indicating its intent to delay the date again, until January 2019.”

Adam Zyglis / Buffalo News

But there is no doubt the legal challenges are slowing down the march to roll back the Obama legacy. And it could complicate other even higher profile pushes to repeal rules, like the Clean Power Plan — intended to reduce carbon dioxide emissions from electric power plants, a move that will generate another wave of legal challenges that will build off arguments made in recent cases.

Mr. Lazarus said some problems might be alleviated once Mr. Trump nominates and the Senate confirms more high-level appointees, who have more experience in handing complicated legal steps needed to rollback rules.

“There are a lot of fabulous Republican lawyers out there,” he said, “and a lot of them don’t want to be tainted by this administration.”

2 comments

  1. Gronda, market forces are killing off coal and that industry will continue to decline. The present value cost and risk exceed that of others. Trump’s own plan will drive the nails in the coffin, as natural gas is cheaper and is not as bad (but still bad) as coal for the environment.

    But, cities, states and businesses are moving renewable energy, conservation and carbon reduction forward. It would be nice if Washington helps, but as a CEO of a solar energy company said, “If legislators will just stay out of the way, we will blow passed the Clean Power Plan goals.” Keith

    • Dear Keith,

      Even the major fossil fuel companies are not listening to the president on this issue. I read in today’s WSJ that many executives plan to abide by the regulations that were already in place.

      The president is behind the times.

      Hugs, Gronda

Comment

Please log in using one of these methods to post your comment:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s