Losing on climate in the courts

One bit of better news though – the Trump admin is failing to kneecap climate change-related regulations.

The Trump Administration is losing on climate in the courts. More than two and a half years into the Trump Administration, no climate change-related regulatory rollback brought before the courts has yet survived legal challenge. Nevertheless, climate change is one arena where the administration’s rollbacks have been both visible and real. In total, the Sabin Center’s U.S. Climate Deregulation Tracker identifies a total of 94 actions taken by the executive branch in 2017 and 2018 to undermine and reverse climate protections.

But despite the Trump Administration setting a high-water mark for climate change deregulation, a new Sabin Center working paper, U.S. Climate Litigation in the Age of Trump: Year Two, finds that due to vigilant litigation, the courts have largely constrained extralegal rollbacks and other attempts by the Trump Administration to undermine climate protections by overreaching executive authority, violating statutory requirements for environmental review, or flouting administrative law—at least thus far. (An executive summary of the paper is also available.)

Hanging on by our fingernails.

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