In the News

President Donald Trump and newly confirmed EPA administrator Scott Pruitt appear poised to make sweeping environmental policy changes. But strong environmental regulations remain widely popular. Perhaps as a result, the Trump administration may take a subtle approach in attacking environmental rules. Pruitt and other administration officials appear interested in rewriting guidelines for regulatory analysis and they could cook the books so that environmental protections appear to have few or no benefits and exaggerated costs. The results would be sinister, undermining many current and future safeguards for the environment, workplace safety and other important social issues.

“The agency can’t just ignore the previous rule,” explains Richard Revesz, a law professor at New York University. “It has to make a sound argument for why its new approach is superior — and prove to the courts that it’s not just acting in an arbitrary or capricious manner.” Otherwise, the courts will knock down Pruitt’s attempts to rewrite the rule.

Appellate Judge Neil Gorsuch has been a vigorous critic of the so-called “Chevron doctrine” that gives federal agencies latitude when interpreting ambiguous laws. “Chevron deference became really important in the later part of the Obama administration because Congress hadn’t acted on a number of environmental issues in a while,” said Denise Grab, a senior attorney with Institute for Policy Integrity at New York University School of Law.

The centerpiece of Mr. Obama’s climate change policy is a 2015 E.P.A. rule curbing greenhouse gas emissions from electric utilities. Mr. Trump has vowed to eliminate the rule, but doing so could require years of court battles. “There are a number of ways this could play out as it goes through the courts, and it could take at least four to five years,” said Richard Revesz. “Ultimately, what happens to it will likely be determined by the results of the 2020 presidential election.”

America’s most progressive state is set to lead the new fight against federal power. Some potential suits are starting to take shape. California’s lieutenant-governor has said that the state could sue under the California Environmental Quality Act or its federal equivalent to quash Mr. Trump’s plans for a wall along the border with Mexico. Richard Revesz, an environmental-policy expert at New York University’s School of Law, says Democratic states could also sue to slow the repeal of the Clean Power Plan.

“If the metric is revised, then the incoming administration would have an obligation to explain why it’s departing from the current approach,” Richard Revesz said. Any changes made without adequate scientific justification would likely be struck down in court.

The new administration almost certainly couldn’t make any major changes without providing adequate scientific and economic justification, said Richard Revesz, a law professor and dean emeritus of the New York University School of Law. Otherwise, the move would also likely be struck down in court as “arbitrary and capricious,” he argued.

Last year, the New York–based Institute for Policy Integrity tried to remedy that situation with just such a large-scale survey of economists who have published work on climate change.

There is no “short cut” for President-elect Donald Trump to roll back environmental regulations but the incoming administration still could target Obama era rules, a former Justice Department official said Nov. 15.

Over the course of the D.C. Circuit hearing, the Clean Power Plan’s opponents made several legal and factual assertions that don’t stand up to scrutiny. Our research helps set the record straight.