“The administration's reliance upon executive orders and unilateral action has sacrificed sustainability for speed.
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“The Administration's unilateral actions may be consequential, but they are not sustainable: lasting change to environmental law will come only through legislation or judicial ratification, not executive decree alone.
“The first Trump Administration prioritized speed and salience over legal soundness, and its unilateral deregulatory efforts—some fairly characterized as "regulatory slop"—were largely undone once Trump left office.
“This essay argues that the second Trump Administration, despite being more prepared and more aggressive, has not learned this lesson: it continues to elevate executive branch unilateralism over the slower, harder work of legislative or judicial engagement.
“"So that's why we want to focus the administration's attention on this problem that could undo all of the good work that they're doing to speed up permitting,"
“This paints a troubling picture of a pardon process driven by politics and haste rather than the careful deliberation such extraordinary acts of executive clemency demand
“congressional action would provide the strongest protection but argued that the administration should also examine what EPA can accomplish under existing law
“an executive order from Trump highlighting the issue could pressure EPA to pursue a durable administrative solution while signaling to lawmakers that the Section 404(c) provision should be addressed in broader permitting legislation
“"The way to improve the situation is to get the EPA to put some sideboards and some constraints on the provision, and that would not solve the problem because a future administration could undo that rule, but it takes time to undo a rule,"