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ACC PM 11/25/2016
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Contenders, Picks for Key Jobs in Trump's Administration
Nov 25, 2016 | The New York Times
By Susan Heavey (Reuters)
Donald Trump is not expected to make additional high-level appointments on Friday, his transition team told reporters, adding that more meetings are planned for Monday. -
Endocrine Scientists Voice Concerns Over Revised EDC Criteria
Nov 24, 2016 | Chemical Watch
An international group of endocrine experts has set out its concerns over the European Commission's revised criteria for identifying endocrine disrupting chemicals (EDCs), in an open letter to President Jean-Claude Juncker on 16 November. -
More Company Climate Votes Ahead, as Trump May Loosen Energy Rules
Nov 25, 2016 | The New York Times
By Ross Kerber (Reuters)
Activist shareholders plan a record number of resolutions focused on climate change at U.S. company annual meetings in 2017, even as President-elect Donald Trump looks set to loosen environmental regulations. -
Senate Responds to House Energy Bill Offer
Nov 25, 2016 | Politico Pro - Whiteboard
By Staff
Sens. Lisa Murkowski and Maria Cantwell today said they had sent an energy bill counteroffer to House negotiators, responding to a proposal the lower chamber sent them last Friday. -
Trump Owns Stock in Dakota Access Parent Company
Nov 25, 2016 | The Hill - Briefing Room Blog
By Harper Neidig
President-elect Donald Trump owns stock in the company building the Dakota Access Pipeline, according to a Friday report from the Associated Press, and critics say it could pose a conflict of interest when he is in office. -
Death Toll in China Power Plant Accident Climbs to 74
Nov 25, 2016 | The New York Times
By Ben Blanchard (Reuters)
Police took 13 people into custody as the death toll in the collapse of a platform under construction at a power plant in eastern China rose to 74, with two others injured, state media said on Friday. -
Greens Gear Up for Long Court Fight Against Trump
Nov 25, 2016 | The Hill - E2 Wire
By Timothy Cama
Environmentalists are planning a vigorous strategy in the federal courts to fight President-elect Donald Trump’s aggressive deregulatory proposals.
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Contenders, Picks for Key Jobs in Trump's Administration
Nov 25, 2016 | The New York Times
By Susan Heavey (Reuters)
Donald Trump is not expected to make additional high-level appointments on Friday, his transition team told reporters, adding that more meetings are planned for Monday.
Below are people mentioned as contenders for senior roles as the Republican president-elect works to form his administration before taking office on Jan. 20, according to Reuters sources and media reports.
See end of list for posts already filled.
TREASURY SECRETARY
* Steven Mnuchin, former Goldman Sachs Group Inc executive and Trump's campaign finance chairman
* Jeb Hensarling, Republican U.S. representative from Texas and chairman of the House Financial Services Committee
* Tom Barrack, founder and chairman of Colony Capital Inc
* John Allison, former chief executive officer of BB&T Corp
* David McCormick, president of hedge fund Bridgewater Associates LP
SECRETARY OF STATE
* Mitt Romney, 2012 Republican presidential nominee and former Massachusetts governor
* Rudy Giuliani, former Republican mayor of New York City
* John Bolton, former U.S. ambassador to the United Nations under Republican President George W. Bush
* Bob Corker, Republican U.S. senator from Tennessee and chairman of the Senate Foreign Relations Committee
* Zalmay Khalilzad, former U.S. ambassador to Iraq
DEFENSE SECRETARY
* James Mattis, retired Marine general
* David Petraeus, former CIA director and retired Army general
* Tom Cotton, Republican U.S. senator from Arkansas
* Jon Kyl, former Republican U.S. senator from Arizona
* Duncan Hunter, Republican U.S. representative from California and early Trump supporter, member of the House Armed Services Committee
* Jim Talent, former Republican U.S. senator from Missouri who was on the Senate Armed Services Committee
* Rick Perry, former Republican Texas governor
* Stephen Hadley, former national security adviser under President George W. Bush
HEALTH AND HUMAN SERVICES SECRETARY
* Tom Price, Republican U.S. representative from Georgia, orthopedic surgeon
* Rich Bagger, former pharmaceutical executive and former top aide to Republican New Jersey Governor Chris Christie
* Bobby Jindal, former Republican Louisiana governor
HOMELAND SECURITY SECRETARY
* Michael McCaul, Republican U.S. representative from Texas and chairman of the House Homeland Security Committee
* David Clarke, Milwaukee county sheriff and vocal Trump supporter
* Joe Arpaio, outgoing Maricopa County, Arizona, sheriff who campaigned for Trump
* Kris Kobach, Kansas secretary of state
* Frances Townsend, homeland security and counterterrorism adviser to former Republican President George W. Bush
ENVIRONMENTAL PROTECTION AGENCY ADMINISTRATOR
* Jeff Holmstead, energy lawyer, former EPA official during George W. Bush administration
* Robert Grady, venture capitalist, partner in private equity firm Gryphon Investors
* Leslie Rutledge, Republican Arkansas attorney general
* Carol Comer, commissioner of the Indiana Department of Environmental Management
* Scott Pruitt, Oklahoma attorney general
ENERGY SECRETARY
* Harold Hamm, Oklahoma oil and gas mogul, chief executive of Continental Resources Inc
* Kevin Cramer, Republican U.S. Representative from North Dakota
* Robert Grady, venture capitalist, partner in private equity firm Gryphon Investors
* Larry Nichols, co-founder of Devon Energy Corp
* James Connaughton, chief executive of Nautilus Data Technologies and a former environmental adviser to President George W. Bush
* Rick Perry, former Republican Texas governor
INTERIOR SECRETARY
* Sarah Palin, former Alaska governor, 2008 Republican vice presidential nominee
* Jan Brewer, former Republican Arizona governor
* Forrest Lucas, founder of oil products company Lucas Oil
* Harold Hamm, Oklahoma oil and gas mogul, chief executive of Continental Resources Inc
* Robert Grady, venture capitalist, partner in private equity firm Gryphon Investors
* Mary Fallin, Republican Oklahoma governor
* Ray Washburne, chief executive of investment company Charter Holdings
* Cathy McMorris Rodgers, U.S. representative from Washington state and Republican Conference chair
COMMERCE SECRETARY
* Wilbur Ross, billionaire investor, chairman of Invesco Ltd subsidiary WL Ross & Co
* Linda McMahon, former World Wrestling Entertainment executive and two-time Republican Senate candidate
DIRECTOR OF NATIONAL INTELLIGENCE
* Admiral Mike Rogers, director of the National Security Agency
* Ronald Burgess, retired lieutenant general and former Defense Intelligence Agency chief
* Robert Cardillo, director of the National Geospatial-Intelligence Agency
* Pete Hoekstra, former Republican U.S. representative from Michigan
* Rudy Giuliani, former Republican mayor of New York City
U.S. TRADE REPRESENTATIVE
* Dan DiMicco, former chief executive of steel producer Nucor Corp
LABOR SECRETARY
* Andrew Puzder, chief executive officer of CKE Restaurants
* Victoria Lipnic, U.S. Equal Employment Opportunity Commission commissioner and former Labor Department official during the George W. Bush administration
TRANSPORTATION SECRETARY
* Elaine Chao, former labor secretary and deputy transportation secretary under Republican Presidents George W. Bush and George H.W. Bush, respectively. Chao is married to Senate Majority Leader Mitch McConnell
* Harold Ford, former Democratic U.S. Representative from Tennessee
HOUSING AND URBAN DEVELOPMENT SECRETARY
* Dr. Ben Carson, former 2016 Republican presidential candidate and retired neurosurgeon
SUPREME COURT VACANCY
The Trump transition team confirmed he would choose from a list of 21 names he drew up during his campaign, including Republican U.S. Senator Mike Lee of Utah, and William Pryor, a federal judge with the 11th U.S. Circuit Court of Appeals.
POSTS ALREADY FILLED
WHITE HOUSE CHIEF OF STAFF
* Republican National Committee Chairman Reince Priebus
CHIEF WHITE HOUSE STRATEGIST AND SENIOR COUNSELOR
* Steve Bannon, former head of the conservative website Breitbart News
ATTORNEY GENERAL
* Jeff Sessions, Republican U.S. senator from Alabama and senior member of the Senate Judiciary Committee (subject to Senate confirmation)
CENTRAL INTELLIGENCE AGENCY DIRECTOR
* Republican U.S. Representative Mike Pompeo from Kansas (subject to Senate confirmation)
NATIONAL SECURITY ADVISER
* Michael Flynn, retired Army lieutenant general and former director of the Defense Intelligence Agency
UNITED NATIONS AMBASSADOR
* Nikki Haley, Republican South Carolina governor (subject to Senate confirmation)
EDUCATION SECRETARY
* Betsy DeVos, Republican donor and former chair of the Michigan Republican Party
http://www.nytimes.com/reuters/2016/11/25/us/politics/25reuters-usa-trump-staff-factbox.html
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Endocrine Scientists Voice Concerns Over Revised EDC Criteria
Nov 24, 2016 | Chemical Watch
An international group of endocrine experts has set out its concerns over the European Commission's revised criteria for identifying endocrine disrupting chemicals (EDCs), in an open letter to President Jean-Claude Juncker on 16 November.
The Commission revised the criteria after receiving commentsfrom Echa, most member states, the European Parliament, and others.
The revised proposal refers to chemicals that "may cause" adverse effects rather than those with “known" adverse effects. To lead to a ban on a substance, regulators would need to demonstrate adverse effect, as well as mode of action and the link between the two.
Although the scientists, led by Paul Whaley from Lancaster University, welcome some of the changes made in the redraft, they have a number of significant concerns.
In particular, they point to an “unclear fit” between the requirement that a substance “may cause adverse effects” and the implication elsewhere in the proposal that only substances known to cause adverse outcomes by altering the endocrine system's function will be classified as EDCs.
The burden of proof has gone from being "too high" to "ambiguous", they write.
In addition, they consider that different levels of evidence appear to be required for individual EDC criteria.
The letter's authors include: Ake Bergman from Stockholm University, Sweden; Ian Cotgreave from Swetox; Olwenn Martin from Brunel University, London; Laura Vandenberg from the University of Masachusetts, Amherst; and Tracey Woodruff from the Univerity of California, San Francisco.
To remedy the situation, they recommend describing the same standard of proof across three criteria. This would label a chemical as having endocrine disrupting properties if there is sufficient evidence of:
an adverse effect in an intact organism or its progeny [etc];
alteration in the functioning of the endocrine system; and
the adverse effect being mediated by the alteration in function of the endocrine system.
In the letter, also sent to Vytenis Andriukaitis, EU Commissioner for Health and Food Safety, the scientists suggest using a “hierarchy” of categories for EDCs, with criteria distinguishing “known” from “probable”, possible” or “not classifiable”.
Whether or not the criteria are fulfilled is unlikely to be "clear and binary", say the authors. “Only on rare occasions will there be a clear-cut conclusion as to whether or not they are fulfilled,” they predict.
"Requiring such a clear-cut conclusion before classifying a compound as an EDC would, we believe, result in a large number of compounds in need of risk management measures evading regulatory control."
Meanwhile, member state representatives on EU committees for biocides and pesticides have delayed voting on the draft Regulation because of ongoing discussions among officials in their own countries.
https://chemicalwatch.com/51229/endocrine-scientists-voice-concerns-over-revised-edc-criteria
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More Company Climate Votes Ahead, as Trump May Loosen Energy Rules
Nov 25, 2016 | The New York Times
By Ross Kerber (Reuters)
Activist shareholders plan a record number of resolutions focused on climate change at U.S. company annual meetings in 2017, even as President-elect Donald Trump looks set to loosen environmental regulations.
Based on filings so far, U.S. companies are on track to face roughly 200 resolutions on climate matters at their shareholder meetings next year, according to Rob Berridge, who follows the subject for Ceres, a sustainability advocacy group.
There were 174 such resolutions this year, Berridge said, compared with 167 in 2015 and 148 in 2014. Many have been directed at big oil and gas companies, though other sectors have also been targeted, including technology and retail.
Activist shareholders broadly aim to curb companies' carbon emissions and make energy usage more efficient, or at the very least, to draw the attention of companies and investors to climate change as an urgent problem.
They have had some limited success. Investors at Exxon Mobil Corp the world's largest publicly traded oil producer, passed a measure this year that could lead to an environmental activist joining its board. "Our position is that the risk of climate change is clear and warrants action," said Exxon spokesman Alan Jeffers.
The rising number of shareholder votes reflects a growing concern among big investors about the environment, encouraged by steps by some boards to embrace reforms.
Deadlines are fast approaching to get resolutions on the ballot for shareholder meetings to be held in the spring.
The election victory of Trump, who is set to take over as U.S. president on Jan. 20, only seems to have added impetus.
On the campaign trail, Trump dismissed human-caused climate change as a "hoax" and pledged to dismantle the Environmental Protection Agency. He also threatened to withdraw the United States from the landmark 2015 Paris Agreement to combat climate change, although he appeared to step back from that position on Tuesday.
He vowed instead to revive the U.S. coal industry, encourage oil drilling and to scale back regulation of the energy sector.
"Despite what the administration may or may not do, I really believe that corporations understand the risks posed by climate change," said Danielle Fugere, president of As You Sow, a California nonprofit campaign group. It sponsored 18 climate-related shareholder resolutions in 2016 and expects to file a bigger number next year.
One resolution for 2017 calls on Anadarko Petroleum Corp to report on how it would address the risk of so-called stranded assets, such as high-cost deepwater project investments, that might be caused by a drop in demand for oil and gas. The idea won support from 42 percent of shares voted at the company's 2016 meeting, up from 29 percent in 2015.
Anadarko's board last year called the idea "unnecessary and unproductive." Spokesman John Christiansen said it is reviewing the proposal.
To be sure, among S&P 500 companies, investor support for climate resolutions has been relatively weak, holding steady around 22 percent since 2014, according to research firm Fund Votes.
But activists often won more backing for ideas such as urging companies to report on their strategy for dealing with climate change, according to the Sustainable Investments Institute, a research firm specializing in shareholder votes, supported by universities, pension funds and other institutional investors.
Anne Simpson, director of sustainability for the California Public Employees' Retirement System (Calpers), which manages about $300 billion, said it plans to file or back resolutions at U.S. oil and gas companies for 2017, though she declined to discuss specifics.
Last year the boards of mining companies including Rio Tinto Plc and Glencore Plc endorsed resolutions Calpers submitted calling for reports on climate risk, and the measures passed by wide margins.
More companies will likely embrace shareholder proposals to head off disruption caused by climate change, Simpson said.
"Economics is driving this, not politics," she said.
http://www.nytimes.com/reuters/2016/11/25/business/25reuters-usa-climatechange-shareholders.html
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Senate Responds to House Energy Bill Offer
Nov 25, 2016 | Politico Pro - Whiteboard
By Staff
Sens. Lisa Murkowski and Maria Cantwell today said they had sent an energy bill counteroffer to House negotiators, responding to a proposal the lower chamber sent them last Friday.
“After reviewing it, we responded today with a new offer that restores a host of provisions that the House was prepared to drop — including those related to LNG exports, sportsmen’s, the Land & Water Conservation Fund, hydropower, natural gas pipelines, manufacturing, innovation, carbon benefits of biomass, and critical minerals. We also remain hopeful that an agreement can be reached on provisions to address California’s drought crisis, to remedy wildfire funding challenges, and to improve forest management,” the chair and ranking member of the Senate Energy and Natural Resources Committee said in a statement today.
“While neither of us supports every provision in this proposal, it is the result of good faith bipartisan negotiations, it encompasses the broad range of work that can be completed this year, and it balances competing preferences for energy and resource policy that will remain just as strong in the next Congress,” they added. “We encourage our House colleagues to seize this opportunity to complete a good bill that we can send to the president’s desk before Congress adjourns.”
https://www.politicopro.com/energy/whiteboard
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Trump Owns Stock in Dakota Access Parent Company
Nov 25, 2016 | The Hill - Briefing Room Blog
By Harper Neidig
President-elect Donald Trump owns stock in the company building the Dakota Access Pipeline, according to a Friday report from the Associated Press, and critics say it could pose a conflict of interest when he is in office.
The AP found that Trump’s 2016 financial disclosure form showed that he owned between $15,000 and $50,000 in Energy Transfer Partners, a Texas company that is the parent of Dakota Access.
The president-elect also owns between $100,000 and $250,000 in Phillips 66, a company that owns a quarter of Dakota Access.
The pipeline has been the subject of intense protests from Native American tribes and their supporters, who are concerned that it could endanger the local water supply and disrupt sacred land.
Kelcy Warren, the CEO of Energy Transfer Partners, told the AP that he believes Trump will help expedite the process, which has stalled under the Obama administration.
"Do I think it's going to get easier? Of course," Warren said. "If you're in the infrastructure business, you need consistency. That's where this process has gotten off track."
During the election, Warren donated $3,000 to the Trump campaign, $66,800 to the Republican National Committee and $100,000 to a committee that backed Trump’s candidacy.
House Natural Resources Committee ranking member Raul Grijalva (D-Ariz.) told the AP the investment was a “disturbing” development in Trump’s presidential transition.
"You have climate deniers, industry lobbyists and energy conglomerates involved in that process," Grijalva said. "The pipeline companies are gleeful. This is pay-to-play at its rawest."
http://www.thehill.com/blogs/blog-briefing-room/news/307515-trump-owns-stock-in-dakota-access-parent-company
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Death Toll in China Power Plant Accident Climbs to 74
Nov 25, 2016 | The New York Times
By Ben Blanchard (Reuters)
Police took 13 people into custody as the death toll in the collapse of a platform under construction at a power plant in eastern China rose to 74, with two others injured, state media said on Friday.
Deadly accidents are relatively common at industrial sites in China, where anger over lax standards is growing. Three decades of swift economic growth have been marred by incidents ranging from mining disasters to factory fires.
State news agency Xinhua said 68 of the 74 dead have been identified so far, with victims ranging in age from 23 to 53.
The accident happened on Thursday morning in Fengcheng, in Jiangxi province, during work on a cooling tower for the coal-fired power plant.
The official China Daily newspaper said the accident happened when a tower crane collapsed, triggering the collapse of the entire construction platform as the night shift was being relieved by the morning shift.
"We will conduct a serious investigation into the cause of the accident and hold those who are responsible accountable," Jiangxi vice governor Li Yihuang was quoted as saying.
The company in charge of the plant, Jiangxi Ganneng Co, said in a stock exchange filing on Thursday it was cooperating with authorities.
The China Daily cited a company statement from September as saying it had started a 100-day campaign to speed up construction of the plant and take advantage of days with "fine weather".
Yang Huanning, head of the State Administration of Work Safety, had already arrived on the scene to oversee an investigation into what happened and to collect evidence, the People's Daily said.
His administration held an emergency meeting with departments all over China to learn the lessons of the accident to root out "hidden dangers" and ensure people's safety, the newspaper said.
The official Xinhua news agency reported that police had taken 13 people into custody, but did not give further details.
China has vowed to improve its poor safety record.
President Xi Jinping has said authorities would learn the lessons paid for with blood after chemical blasts in the port city of Tianjin killed more than 170 people last year.
Shortly after those explosions, Yang Dongliang was removed from his post as director of the State Administration of Work Safety and later charged with corruption.
He admitted during his trial on Thursday taking bribes and gifts worth 28.5 million yuan ($4.1 million). He will be sentenced at a later date.
The two Yangs are not related.
http://www.nytimes.com/reuters/2016/11/25/world/asia/25reuters-china-collapse.html?_r=0
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Greens Gear Up for Long Court Fight Against Trump
Nov 25, 2016 | The Hill - E2 Wire
By Timothy Cama
Environmentalists are planning a vigorous strategy in the federal courts to fight President-elect Donald Trump’s aggressive deregulatory proposals.
With the executive and legislative branches of the government controlled by Republicans and unlikely to adopt their priorities, green group leaders said they will increasingly lean on the judiciary to push their agenda, along with public campaigns and traditional lobbying.
Groups are largely dusting off their playbooks from the administrations of Republican Presidents George W. Bush and Ronald Reagan, whose efforts to scrap environmental rules were met at every turn by litigation.
But green groups face a tougher task this time as they try and protect President Obama's environmental legacy.
Obama's efforts were built almost entire on executive actions and regulations, making them particularly vulnerable to dismantling by Trump.
And courts traditionally give federal agencies great leeway in how they regulate and interpret laws from Congress, so green lawsuits are likely to face uphill battles.
Trump made undoing major Obama rules a central piece of his energy agenda on the campaign trail. But greens are hopeful that by shifting the battlefield to the federal courts they can prevent a complete reversal.
“We will be full-blast in the courts to resist undermining any of our fundamental environmental laws where progress has been made through executive branch actions on the environment,” vowed Trip Gabriel, president of Earthjustice, an environmental group that operates as a law firm on behalf of other organizations or citizens.
“Unwinding Obama’s regulations requires following those same procedures that it took to build them in the first place,” said David Doniger, climate and clean air program director at the Natural Resources Defense Council and an attorney with decades of litigation under his belt.
“So we would aggressively fight in the courts and the court of public opinion any effort to shortcut those procedures, any effort to do things by fiat that don’t meet the requirements of the laws."
Trump pledged on the campaign trail to overturn the Environmental Protection Agency’s (EPA) Clean Power Plan, which seeks a 32 percent cut in the power sector’s carbon dioxide emissions by 2030, the most aggressive climate change regulation taken by the federal government.
He also specifically promised to roll back other big pieces of Obama’s climate agenda, the EPA’s Waters of the United States rule, the Interior Department’s stream protection rule for coal mining, its moratorium on coal leasing and its fracking rule, along with other general promises aimed at scrapping regulations.
Each regulatory rollback or change would require a new regulation, greens said, which can be challenged in court. And while groups did not share their specific plans, they said they’re ready for action.
Any new regulatory action has to fall within the bounds of longstanding laws like the Clean Air Act or the Clean Water Act, as well as the general case law.
Green groups argue the plans that Trump has outlined on the campaign trail are legally vulnerable.
“Either they’ll try to get around the laws, in which case we will nail them and hold them accountable,” said Pat Gallagher, director of the environmental law program at the Sierra Club.
“Or if they try to play games and promulgate ridiculously weak or ineffective rules as window-dressing for supposedly complying with the statutes, we’ll go in and demonstrate on the record, with robust scientific evidence and legal discourse that the Trump administration is breaking the law with the rules,” he added.
The groups have seen spikes in donations and interest since the Nov. 8 election and are now rethinking their priorities as they eye shifting toward litigation for the next four or eight years.
Experts said the concept of judicial deference means that Trump’s administration will have a major advantage.
For example, the landmark 1984 Supreme Court case Chevron v. NRDC set the precedent that federal agencies are free to interpret laws how they wish, as long as there is some ambiguity in the law and the interpretation is reasonable.
If Trump’s actions are within those bounds, it could be tough for greens to convince the courts to step in.
“The cards generally are stacked in favor of the agency in judicial review cases. The agencies are entitled to deference if they are within a range of discretion granted to the agency,” said Jon Cannon, a University of Virginia law professor who was the EPA’s general counsel from 1995 to 1998, under President Bill Clinton.
Cannon is confident that greens will try to get Trump’s actions overturned, but face tough odds.
“The agencies can’t fly in the face of clear congressional intent, and they can’t make decisions based on a record that does not reasonably support their outcome. But with those limitations, the agencies have considerable discretion about how they proceed,” he said.
Tom Lorenzen, a lawyer who represents energy companies in environmental cases at Crowell & Moring, largely agreed. Lorenzen was a civil service litigator at the Justice Department’s environmental division from 1997 to 2013, and argued on behalf of energy companies in September against the Clean Power Plan in the Court of Appeals for the District of Columbia.
“You have to show that the interpretation is unreasonable before a challenger can overcome it,” Lorenzen said. “As long as they stay within the reasonable bounds of the statute, I would expect that they would prevail. Some things would be heavier lifts than others.”
Under those rules, previous Republican administrations have had a mixed bag in their efforts to undo environmental rules.
For example, George W. Bush’s EPA successfully streamlined permitting standards for new pollution sources. But in the high-profile 2007 case Massachusetts v. EPA, the Supreme Court shot down the EPA’s arguments for not regulating carbon dioxide emissions.
Cases like that give greens significant hope for fighting back against Trump.
“We were able to insist that the Bush administration follow the law, and hold them to account when they did not,” said Doniger. “We will do the same if the Trump administration governs along the lines of the campaign.”
http://thehill.com/policy/energy-environment/307391-greens-gear-up-for-long-court-fight-against-trump
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