Search Results for: preemption

“It must not be forgotten that it is perhaps more dangerous for a nation to allow itself to be conquered intellectually than by arms.” – Guillaume Apollinaire, “The New Spirit and the Poets” (1917) In his commencement address at West Point on June 13, 2020, US President Donald J. Trump presented a narrowing view of [...]

From the beginnings of his crudely acrimonious presidency, Donald Trump has actively undermined US foreign policy relationships. On urgently key matters of world politics and international law, Mr. Trump’s typically invalid conclusions have generally been drawn from narrowly belligerent premises. Truly, the main problem with such faulty presidential arguments, however, has not been Trump’s gratuitously [...]

The US Supreme Court issued its decision in Atlantic Richfield Co. v. Christian Monday, settling technical questions in a dispute between Montana landowners and a mining company over liability for hazardous materials cleanup within—and beyond—the scope of the federal law governing “Superfund” sites. Under the law, called the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), [...]

The Trump administration on Tuesday weakened the fuel efficiency standards for cars and trucks, previously one of the nation’s most aggressive policies against climate change. The Environmental Protection Agency (EPA) and the National Highway Traffic Safety Administration, on behalf of the Department of Transportation, amended carbon dioxide and fuel economy standards for model years 2021 [...]

Abstract: Although US President Donald Trump may eventually be content with achieving only modest operational successes against Iran, there is reason to believe he would still prefer some notion of a military “victory.” Any such notion would likely be starkly injurious to overall US security interests. Derivatively, as shall now be argued, any such erroneous [...]

The US Supreme Court heard arguments Tuesday in cases concerning how courts should determine the ownership of tax refunds paid to affiliated corporate groups and whether federal law preempts state law claims for the cleanup of hazardous waste beyond what the US Department of Environmental Protection (EPA) has ordered. The first case, Rodriguez v. FDIC, [...]

The US Court of Appeals for the District of Columbia Circuit on Tuesday allowed the Federal Communications Commission’s (FCC) net neutrality repeal to stand but found that states may make their own net neutrality regulations. “Despite the Commission’s failure to adequately consider the 2018 Order’s impact on public safety, pole-attachment regulation, and the Lifeline Program [...]

The Trump administration announced Thursday that it is revoking California’s waiver to issue its own vehicle emission standards. California’s Clean Air Act waiver was issued by the Obama administration in 2013 and allowed the state to set emission requirements for new automobiles sold in the state independent of the federal EPA’s promulgated requirements. Since automakers [...]

In apparent response to US President Donald Trump’s unilateral American withdrawal from the July 2015 Iran Pact (JCPOA), the Islamic Republic has seemingly reinvigorated its active nuclear program. In turn, this has led to a more-or-less continuing cycle of threat and counter-threat between the two adversarial countries, and has been reinforced by both US Secretary [...]

“Any attack by Iran on anything American will be met with great and overwhelming force. In some areas, overwhelming will mean obliteration.”-US President Donald Trump, June 23, 2019 “The United States has great strength and patience, but if it  is forced to defend itself or its allies we will have no choice but to totally [...]