Feb 16, 2018

Trump's courtroom battles over global warming

A newly published paper from the Sabin Center for Climate Change Law looks carefully at the 82 legal battles over climate change that got underway during President Trump's first year. Roughly 75% seek to uphold or advance climate policies.

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Adapted from Adler, "U.S. Climate Change Litigation In the Age of Trump: Year One"; Note: Lawsuits studied are from 2017; Chart: Axios Visuals

Why it matters: The courts are an important battleground for climate policy, in part because unwinding or freezing a predecessor's policies often requires careful bureaucratic and legal spadework that provides opponents with avenues for litigation.

State of play: Columbia Law School fellow Dena P. Adler explored 82 cases, most of which were filed last year, while a few were prior cases that "pivoted" in response to Trump's deregulatory push. The study breaks down the cases in numerous ways, including a look at the different policy areas the cases address (see chart above).

One level deeper:

  • Overall, nearly three-fourths are what she calls "pro" cases — that is, plaintiffs are seeking to advance or uphold climate policies and safeguards. The balance are "con" cases that she says are designed to "undermine climate protection or support climate policy deregulation."
  • 28% were about integrating climate considerations into environmental reviews and permitting; 17% were aimed at defending Obama administration policies and decisions; 15% were about promoting "transparency and scientific integrity" under Trump; and 13% are aimed at "advancing or enforcing" additional protections.
  • Non-governmental organizations brought over half the cases analyzed, including the bulk of the "pro" lawsuits.
  • The Interior Department and Environmental Protection Agency were the most frequent defendants, together accounting for 35 cases.
  • Of 14 cases directly defending Obama-era policies and decisions, 6 of those focused on delays of policy were able to reach some form of resolution.

What's next: "Though courts have issued a few decisions and litigation has pressured agencies to publish some outstanding rules, the 'stickiness' of these outcomes remains uncertain. Neither of these results preclude an agency from subsequently rolling back the policies at issue through the rulemaking process," she writes.

Go deeper

U.S. coronavirus updates

Data: The Center for Systems Science and Engineering at Johns Hopkins; Map: Andrew Witherspoon/Axios. This graphic includes "probable deaths" that New York City began reporting on April 14.

Coronavirus antibody tests are still relatively unreliable, and it's unclear if people who get the virus are immune to getting it again, the Centers for Disease Control and Prevention cautioned on Tuesday.

By the numbers: More than 98,900 people have died from COVID-19 and over 1.6 million have tested positive in the U.S. Over 384,900 Americans have recovered and more than 14.9 million tests have been conducted.

World coronavirus updates

Data: The Center for Systems Science and Engineering at Johns Hopkins; Map: Axios Visuals

Mexico reported its highest single-day death toll on Tuesday, after 501 people died from the coronavirus, per data from Johns Hopkins and the country's health ministry.

By the numbers: Almost 5.5 million people have tested positive for the virus as of Tuesday, and more than 2.2 million have recovered. The U.S. has reported the most cases in the world (over 1.6 million from 14.9 million tests).

Coronavirus dashboard

Illustration: Aïda Amer/Axios

  1. Global: Total confirmed cases as of 9:30 p.m. ET: 5,588,299 — Total deaths: 350,417 — Total recoveries — 2,286,827Map.
  2. U.S.: Total confirmed cases as of 9:30 p.m. ET: 1,680,625 — Total deaths: 98,902 — Total recoveries: 384,902 — Total tested: 14,907,041Map.
  3. Federal response: DOJ investigates meatpacking industry over soaring beef pricesMike Pence's press secretary returns to work.
  4. Congress: House Republicans to sue Nancy Pelosi in effort to block proxy voting.
  5. Business: How the new workplace could leave parents behind.
  6. Tech: Twitter fact-checks Trump's tweets about mail-in voting for first timeGoogle to open offices July 6 for 10% of workers.
  7. Public health: Coronavirus antibodies could give "short-term immunity," CDC says, but more data is neededCDC releases guidance on when you can be around others after contracting the virus.
  8. What should I do? When you can be around others after contracting the coronavirus — Traveling, asthma, dishes, disinfectants and being contagiousMasks, lending books and self-isolatingExercise, laundry, what counts as soap — Pets, moving and personal healthAnswers about the virus from Axios expertsWhat to know about social distancingHow to minimize your risk.
  9. Other resources: CDC on how to avoid the virus, what to do if you get it, the right mask to wear.

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Updated 46 mins ago - Politics & Policy