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In a recent post, we highlighted how the Trump administration's executive orders (EOs) boosting the coal industry will likely not accomplish their hopes for “revival,” as the basic economics of coal generation cannot be modified by executive order, despite Trump’s or Lee Zeldin’s desires. What these policies will achieve, ultimately, is releasing coal-fired power plant operators from any obligation not to harm the communities where they operate.

Five years ago, our board of directors instituted term limits for its members. This was a major decision for a 22-year-old organization that relied on the ongoing commitment of its five founders, all professors of law. Board members have stepped down while others have joined, and the process of renewal and transition has been healthy for the organization. In this context, we’re thrilled to announce the election of four new members to our growing board of directors — two Member Scholars and two independent members. Through each of their commitments to justice, solidarity, and democracy, they embody the deepest values of our organization.

There are many reasons why Senate Republicans’ recent decision to defy the parliamentarian and repeal California’s Clean Air Act waivers using the Congressional Review Act (CRA) was objectionable. But one objection that hasn’t received enough – any? – attention is how legislative gimmicks like the CRA contribute to the broader problem of congressional dysfunction.

Never before in our lifetimes has the rule of law felt so tenuous. These are not normal times for a research and advocacy organization dedicated to “harnessing the power of law and public policy to create a responsive government, healthy environment and just society.” Many of the policy ideas that we have championed — for example, worker safety protections, a fair regulatory system, climate actions that address equity concerns — have been adopted in some form. And today, these policies, as well as the democratic institutions which enforce them, are under threat.

President Donald Trump has taken some dramatic steps in the name of improving use of NEPA, the statute governing environmental reviews of projects. The goal is to speed up the permitting process and make it more efficient. The reality is that his efforts will create chaos and uncertainty, with the likely effect of slowing things down.

Many risks to public health, safety, and the environment are insufficiently understood. Indeed, what some scholars have referred to as “ignorance of mechanism” may be the defining characteristic of many of the nation’s most pressing environmental problems. The U.S. Congress has understood the significance of this uncertainty ever since the birth of modern environmental law in the United States around 1970.

In April, the Trump administration published an executive order (EO) boosting the coal industry in hopes of a grand revival for an energy source that has been in stark decline since more cost-effective sources, including gas and renewables, drove it from its peak nearly two decades ago. Included in this order was a two-year exemption to a rule that would have required some of the country’s most polluting power plants to reduce emissions of mercury and other hazardous air pollutants that harm our health.

Since our last update (April 21), we have seen some important developments regarding Congressional Review Act (CRA) resolutions. So far, three resolutions have become law and four more have cleared both chambers. Although we have not received any information that these will be sent to the president’s desk in the coming days, we continue to monitor their status as they could soon be on the move. The most consequential development is the announcement that House Republicans will press ahead and vote on three resolutions that target waivers granted by the U.S. Environmental Protection Agency (EPA) to the state of California to develop vehicle emissions guidelines.

On April 8, flanked by a few coal miners in hard hats, President Donald Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster but will have little immediate effect.