Mike Burger

Executive Director @SabinCenter

[Mike Burger @ProfBurger]

Here at the @SabinCenter Climate Law Blog, My colleague Cynthia Hanawalt breaks down how changes in financial regulations that you might think are about climate risk are also about climate risk:

https://t.co/3otDMtCikt

[Mike Burger @ProfBurger]

Spoke to @ABC about how repealing the Roadless Rule is hubris on a massive scale: "Subjecting these special places to new roads and commercial forestry would be a loss for the American people, and another blow by this administration to the global climate"
https://t.co/T4o2vUCkfX

[Mike Burger @ProfBurger]

Even setting aside recreation, watershed protection, drinking water quality, carbon sequestration, biodiversity/wildlife, all critical climate benefits that the proposed rule and draft environmental impact statement will underplay or ignore, the science does not support the rule.

[Mike Burger @ProfBurger]

The Trump administration is proposing to rescind the Roadless Rule, with its core rationale being that remote roadless areas need to be harvested for timber to reduce wildfire risk. Naturally, the science says otherwise. 1/6

[Mike Burger @ProfBurger]

Or this one in Ecosphere: "forests with higher levels of protection had lower severity values even though they are generally identified as having the highest overall levels of biomass and fuel loading." 5/6

https://t.co/aMmt5mjrF4

[Mike Burger @ProfBurger]

If ever there was a case to win on this theory, this is it.

[Mike Burger @ProfBurger]

The @nytimes reports Trump has directed a broad policy of non-enforcement of federal rules. Citing to Heckler v. Cheney, a SCOTUS decision from 40 years ago, the article reports that non-enforcement decisions may be unreviewable by courts. Not exactly.
https://t.co/c26J9veHYf

[Mike Burger @ProfBurger]

Importantly, Heckler leaves open the door for judicial review "where it could justifiably be found that the agency has 'consciously and expressly adopted a general policy' that is so extreme as to amount to an abdication of its statutory responsibilities."

[Mike Burger @ProfBurger]

Trump administration is 0-1. Many more losses on the way

[Mike Burger @ProfBurger]

"If there’s an energy emergency...then you would want to produce energy, including wind and solar energy ... It’s such a clear and obvious inconsistency that it lays bare what’s really driving this, which is fossil fuel interest.” @chlobo_ilo
@Inc
https://t.co/yiNrGdFTqz

[Mike Burger @ProfBurger]

I'm doing it - making the move to BlueSky. You can find me there under the handle @profmikeburger.bsky.social

[Mike Burger @ProfBurger]

In a major decision MT Supreme Ct affirms fact and law findings in Held v. Montana: Climate change is real, emissions attributable to MT are a cause, state law that bans GHG analysis in setting energy policy violates plaintiffs' environmental rights. See: https://t.co/6e03AtUn3g

[Mike Burger @ProfBurger]

To those reporting on Elon Musk and Vivek Ramaswamy's so called "Department of Government Efficiency" - this would be, if it operates in any official fashion, a federal advisory committee subject to the reqts of federal law (FACA). Public Citizen explains

https://t.co/w33yNpi3Af

[Mike Burger @ProfBurger]

Digesting decision from the Hague Court of Appeals this morning, in Milieudefensie v. Shell, which reversed lower court and held (a) yes Shell has an obligation to reduce Scope 3 emissions but (b) court does not have a basis to determine by how much:

https://t.co/gGT4vMq7mV

[Sabin Center @SabinCenter]

🌍 ⚖️ 🌱 We are disheartened by the #USelection news. The @SabinCenter is as committed as ever to carrying out our work: developing legal tools, engaging w/ agencies & courts, and training the next generation of lawyers to combat the #climatecrisis. @MichaelGerrard @ProfBurger

[Mike Burger @ProfBurger]

Chevron is dead. Loper-Bright reigns. The opinion grants judges hearing cases brought by individuals - companies/states/NGOs - power to overrule agency decisions made via public processes just by calling them legal rather than policy, factual or technical decisions. Impact TBD