The last couple of weeks we’ve seen a number of significant actions from the Trump administration unwinding Obama-era regulations. I wrote about the latest, Scott Pruitt’s move against the Clean Power Plan, today:
The first year of Donald Trump’s presidency has been characterized — despite his bumptiousness — not by executive overreach, but executive retrenchment. Trump the populist has operated within constitutional lines better than his technocratic predecessor, who used tendentious readings of the law and sweeping bureaucratic actions to impose his policies on immigration, health care, college campuses, and the environment.
The Clean Power Plan, which sought to reduce U.S. carbon emissions by 32 percent below 2005 levels by 2030, was government by the administrative state on a scale that has never been attempted before. The EPA took a dubious reading of a portion of the Clean Air Act (Section 111, which arguably prevented the EPA from taking this action rather than empowered it to do so) and used it to mandate that the states adopt far-reaching plans to reduce carbon emissions, under threat of the loss of federal highway funds.
The legal foundation of the Clean Power Plan was so rickety that the Supreme Court took the extraordinary step of blocking its implementation pending all the lawsuits against it.