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Libertarian and Liberal Lawyers with a Climate Focus Agree on Big Weaknesses in Trump's Attack on the EPA “Endangerment” Finding

The post-show post - including audio podcast

Thank you to everyone who tuned into my live Sustain What show on Team Trump’s effort to demolish a foundational finding by the Environmental Protection Agency - that heat-trapping greenhouse gases threaten public health and welfare.

My guests were:

Donahue and Adler differ on some points but strongly agreed that the Trump administration, perhaps in trying to rush to put the question swiftly to the Supreme Court, may be its own undoing - chasing what Adler calls the “white whale” for zealots opposing climate action. Beware what you seek. I made a piece of art to illustrate the point:

Here’s a nugget from Adler in which he explains the flaw in a strategy trying to undercut EPA’s authority to regulate greenhouse gases by saying the science points to less severe risks:

I used Google’s AI to generate this summary of key points:

Jonathan Adler highlights the legal difficulties and potential strategic missteps of the Trump administration’s approach to revoking the endangerment finding (7:10-7:46). Adler also emphasizes that the motivation behind this strategy appears to be political rather than based on sound climate policy or scientific arguments (7:52-8:19). He points out that the auto industry, a key regulated sector, hasn’t expressed significant concerns about the endangerment finding itself (10:08-10:17).

Jean Chemnik discusses the origins of the push to overturn the endangerment finding, tracing it back to individuals within the Bush administration and later at organizations like the Heritage Foundation (11:19-13:58). Chemnik also notes the symbolic importance of the endangerment finding for those who deny climate change as a serious problem (9:05-9:15).

Sean Donahue asserts that the administration’s strategy is ill-advised from a legal standpoint, lacking sound justification in law or the existing record (15:16-15:26). Donahue points out the strong legal precedents, including Supreme Court decisions, that uphold the endangerment finding and greenhouse gas regulation (18:47-19:58). He also touches on the political implications, suggesting that if this repeal holds up, it could lead to significant demand for new climate policies at state, local, and federal levels (1:00:14-1:00:58).

Thanks for watching the show and sharing it!

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