1 00:00:03,200 --> 00:00:08,000 Speaker 1: This is Bloomberg Law with June Brusso from Bloomberg Radio. 2 00:00:09,600 --> 00:00:11,840 Speaker 2: Donald Trump is a climate denier. 3 00:00:12,520 --> 00:00:15,640 Speaker 3: I believe that there's a change in weather, and I 4 00:00:15,640 --> 00:00:18,200 Speaker 3: think it changes both ways. Off It used to be 5 00:00:18,239 --> 00:00:20,640 Speaker 3: called global warming. That wasn't working. Then it was called 6 00:00:20,640 --> 00:00:24,079 Speaker 3: climate change. Now it's actually called extreme weather because with 7 00:00:24,160 --> 00:00:25,840 Speaker 3: extreme weather you can miss well. 8 00:00:25,880 --> 00:00:29,920 Speaker 2: Campaigning for President, Trump called climate change a big hoax. 9 00:00:30,360 --> 00:00:33,280 Speaker 2: He vowed to get rid of climate policies he dubbed 10 00:00:33,280 --> 00:00:37,360 Speaker 2: the Green new Scam and the Inflation Reduction Act, Biden's 11 00:00:37,400 --> 00:00:41,920 Speaker 2: signature climate loss supporting clean energy projects. His victory will 12 00:00:42,040 --> 00:00:46,440 Speaker 2: shake up US energy and environmental policy and have sweeping 13 00:00:46,520 --> 00:00:52,279 Speaker 2: implications for oil production, clean water, offshore wind development, electric 14 00:00:52,400 --> 00:00:57,880 Speaker 2: vehicle sales, public monuments, endangered species, and more. Joining me 15 00:00:57,960 --> 00:01:01,400 Speaker 2: is environmental law expert Pack Para, a professor at the 16 00:01:01,480 --> 00:01:06,240 Speaker 2: Vermont Law and Graduate School. The previous Trump administration favored 17 00:01:06,280 --> 00:01:11,960 Speaker 2: fossil fuel development over environmental conservation and climate policies. I mean, 18 00:01:12,319 --> 00:01:16,720 Speaker 2: broadly speaking, do you expect more of the same, Yeah. 19 00:01:16,520 --> 00:01:19,120 Speaker 1: Even more of the same. I think it fossil fuels 20 00:01:19,160 --> 00:01:25,600 Speaker 1: on steroids. Frankly, you know Trump is promising to go 21 00:01:25,720 --> 00:01:31,520 Speaker 1: after on day one, the tailpipe emission standards, that EPA 22 00:01:31,720 --> 00:01:35,919 Speaker 1: has created what he calls an insane EV mandate, which 23 00:01:36,000 --> 00:01:39,640 Speaker 1: it isn't either insane or an EV mandate. It does 24 00:01:39,800 --> 00:01:43,560 Speaker 1: align with what's happening in the market place with evs, 25 00:01:43,600 --> 00:01:46,840 Speaker 1: but it's not a mandate for evs. And you know, 26 00:01:47,120 --> 00:01:50,440 Speaker 1: right from the get go, he has ordered the new 27 00:01:50,720 --> 00:01:56,720 Speaker 1: EPA nominee, former representative from Long Island, Zelden, to immediately 28 00:01:56,800 --> 00:02:02,960 Speaker 1: began a massive deregulatory effort aimed at climate change rules. 29 00:02:03,040 --> 00:02:06,720 Speaker 1: He's clearly going to be doing Trump's bidding in going 30 00:02:06,760 --> 00:02:10,520 Speaker 1: after the power plant rules, the methane rules, and every 31 00:02:10,600 --> 00:02:13,560 Speaker 1: rule having any negative impacts as they see it on 32 00:02:13,639 --> 00:02:16,440 Speaker 1: the fossil fuel industry. And the same thing for public lands. 33 00:02:16,520 --> 00:02:19,359 Speaker 1: It's going to be drill, baby, drill, as Trump has 34 00:02:19,400 --> 00:02:23,000 Speaker 1: promised in the campaign speeches over and over again. And 35 00:02:23,240 --> 00:02:25,640 Speaker 1: the question there will be, of course, is there really 36 00:02:25,800 --> 00:02:27,959 Speaker 1: a demand for a lot more oil and gas? 37 00:02:28,280 --> 00:02:31,119 Speaker 2: I mean, let's start with oil and gas. He promised 38 00:02:31,160 --> 00:02:35,840 Speaker 2: to unleash American energy and free up the vast stores 39 00:02:35,960 --> 00:02:40,960 Speaker 2: of liquid gold on America's public land for energy development. 40 00:02:41,200 --> 00:02:44,239 Speaker 2: If you look at Project twenty twenty five, they're thinking 41 00:02:44,280 --> 00:02:46,960 Speaker 2: of drilling in conservation areas. 42 00:02:46,639 --> 00:02:50,720 Speaker 1: Even right the Alaska National Wildlife Refuge, which of course 43 00:02:50,760 --> 00:02:54,960 Speaker 1: has been a controversial subject for decades now. The real question, though, 44 00:02:55,040 --> 00:02:57,880 Speaker 1: is with oil and gas production in the United States, 45 00:02:57,960 --> 00:03:01,840 Speaker 1: particularly on public lands, booming under the Biden administration, even 46 00:03:01,840 --> 00:03:04,760 Speaker 1: more so than it did under the first Trump administration, 47 00:03:04,880 --> 00:03:07,760 Speaker 1: certainly more than even Obama, which was pro oil and 48 00:03:07,800 --> 00:03:11,200 Speaker 1: gas development. And so you know, there's more land and 49 00:03:11,320 --> 00:03:15,799 Speaker 1: water under lease right now than can be extracted and exploited. 50 00:03:15,880 --> 00:03:18,600 Speaker 1: You know, the price of gas is coming down, contrary 51 00:03:18,639 --> 00:03:20,640 Speaker 1: to what apparently a lot of people who voted for 52 00:03:20,680 --> 00:03:24,560 Speaker 1: Trump felt, And there's more than enough oil and gas 53 00:03:24,560 --> 00:03:29,960 Speaker 1: already in the quote pipeline that new offers of leases, 54 00:03:30,720 --> 00:03:34,320 Speaker 1: if they are bid on, they'll be bidded on at 55 00:03:34,840 --> 00:03:38,720 Speaker 1: rock bottom prices. They'll be almost giveaway leases. There's an 56 00:03:38,760 --> 00:03:42,320 Speaker 1: awful lot of speculative leasing on public lands, and I 57 00:03:42,320 --> 00:03:44,200 Speaker 1: would expect to see some of that. 58 00:03:44,480 --> 00:03:46,760 Speaker 4: But as far as you know, a clear. 59 00:03:46,560 --> 00:03:49,960 Speaker 1: Demand for further oil and gas in the near term anyway, 60 00:03:50,400 --> 00:03:53,400 Speaker 1: there just isn't any There is for the export market 61 00:03:53,480 --> 00:03:56,240 Speaker 1: to Europe, which of course Trump is targeted. In other 62 00:03:56,280 --> 00:03:58,480 Speaker 1: parts of the world, and of course in that sense, 63 00:03:58,480 --> 00:04:01,280 Speaker 1: we're like any other petro state. I mean, we're producing 64 00:04:01,320 --> 00:04:05,240 Speaker 1: it for the export market primarily, and that's expected to continue. 65 00:04:05,480 --> 00:04:09,480 Speaker 2: Pat. I remember we talked many times during the first 66 00:04:09,480 --> 00:04:14,760 Speaker 2: Trump administration about public monuments and his you know, taking 67 00:04:14,800 --> 00:04:17,880 Speaker 2: back land from public monuments. Do you think he'll target 68 00:04:17,960 --> 00:04:19,160 Speaker 2: public monuments again? 69 00:04:19,760 --> 00:04:20,520 Speaker 4: Yeah? I do. 70 00:04:20,760 --> 00:04:24,880 Speaker 1: The two in question are Bears Ears in Utah and 71 00:04:25,200 --> 00:04:29,600 Speaker 1: Grand Staircase Escalante in Colorado. These are both on what 72 00:04:29,640 --> 00:04:33,400 Speaker 1: we call the Colorado Plateau, some of the most magnificent 73 00:04:33,760 --> 00:04:37,479 Speaker 1: natural resources in the country and of course very very 74 00:04:38,000 --> 00:04:41,960 Speaker 1: sacred to a number of tribes, particularly bears Eers, and 75 00:04:42,040 --> 00:04:46,560 Speaker 1: there is an inter tribal intergovernmental organization that's managing bears 76 00:04:46,600 --> 00:04:50,040 Speaker 1: Eers right now. And so the first question is going 77 00:04:50,080 --> 00:04:52,880 Speaker 1: to be will he go back to cutting bearziers back 78 00:04:52,920 --> 00:04:56,800 Speaker 1: to about a quarter of the original designation for that 79 00:04:56,880 --> 00:05:00,599 Speaker 1: particular monument. And you know, there's no not a lot 80 00:05:00,600 --> 00:05:03,640 Speaker 1: of oil and gas in there, but there are other minerals, 81 00:05:03,720 --> 00:05:08,360 Speaker 1: including uranium and probably some coal resources and other minerals 82 00:05:08,360 --> 00:05:12,120 Speaker 1: that might be valuable, copper and so forth. So you know, 83 00:05:12,200 --> 00:05:16,280 Speaker 1: I would expect to see Bear's Ears and Grand Staircase 84 00:05:16,400 --> 00:05:19,360 Speaker 1: reduced substantially the way they were before. Of course, all 85 00:05:19,360 --> 00:05:21,480 Speaker 1: of this is going to go into the courts and 86 00:05:21,480 --> 00:05:25,760 Speaker 1: be litigated for years, But in terms of Trump's initial 87 00:05:25,800 --> 00:05:29,440 Speaker 1: public lands moves, I think monuments will certainly be on 88 00:05:29,480 --> 00:05:30,040 Speaker 1: the agenda. 89 00:05:30,360 --> 00:05:32,560 Speaker 2: It seems like there are a lot of top things 90 00:05:32,960 --> 00:05:36,000 Speaker 2: that he's targeted having to do with the environment. He 91 00:05:36,040 --> 00:05:40,320 Speaker 2: said he wants to undo Biden's signature historic climate law, 92 00:05:40,600 --> 00:05:44,000 Speaker 2: the Inflation Reduction Act. Tell us about that act. 93 00:05:44,360 --> 00:05:48,160 Speaker 1: Yeah, it is clearly the most significant climate legislation at 94 00:05:48,160 --> 00:05:50,680 Speaker 1: the national level that we've seen. In fact, I would 95 00:05:50,680 --> 00:05:53,080 Speaker 1: say probably it's one of the most significant in the world. 96 00:05:53,320 --> 00:05:57,000 Speaker 1: It talks about investing three hundred and sixty billion dollars 97 00:05:57,240 --> 00:06:00,839 Speaker 1: in renewable energy, wind and solar and the ect vehicles 98 00:06:00,880 --> 00:06:03,880 Speaker 1: and buildings and heat pumps and all kinds of things, 99 00:06:04,040 --> 00:06:08,520 Speaker 1: a lot of benefits for consumers. Its primary mechanism is 100 00:06:08,640 --> 00:06:12,000 Speaker 1: tax credits and other kinds of incentives, So it's not 101 00:06:12,040 --> 00:06:15,440 Speaker 1: a regulatory program at all. It's quite the contrary. It's 102 00:06:15,600 --> 00:06:20,480 Speaker 1: using the marketplace and it's designed to leverage even substantially 103 00:06:20,560 --> 00:06:23,400 Speaker 1: more private capital, and it's doing that. In fact, it's 104 00:06:23,400 --> 00:06:26,479 Speaker 1: doing it in Republican districts all across the country. It 105 00:06:26,520 --> 00:06:30,240 Speaker 1: will be interesting to see how the new Congress and 106 00:06:30,279 --> 00:06:33,719 Speaker 1: the House is going to deal with Trump's promise to 107 00:06:34,120 --> 00:06:38,080 Speaker 1: freeze all further funding under the Inflation Reduction Act and 108 00:06:38,200 --> 00:06:40,920 Speaker 1: try to quote claw back some of the money that's 109 00:06:41,000 --> 00:06:43,640 Speaker 1: already been obligated. This is going to come down to 110 00:06:43,680 --> 00:06:46,880 Speaker 1: some legal questions about how much of the money is 111 00:06:46,920 --> 00:06:50,680 Speaker 1: Biden able to actually put under contracts, you know, in 112 00:06:50,720 --> 00:06:54,240 Speaker 1: other words, lock it up through legal mechanisms before his 113 00:06:54,360 --> 00:06:57,920 Speaker 1: time runs out in January. I know the administration from 114 00:06:57,960 --> 00:07:01,640 Speaker 1: all the accounts is working fever night and day to 115 00:07:01,720 --> 00:07:04,359 Speaker 1: push as much of that money out the door and 116 00:07:04,480 --> 00:07:08,599 Speaker 1: get it under legally binding agreements that Trump can't easily 117 00:07:08,960 --> 00:07:12,720 Speaker 1: repeal or revoke. Of course, with you know, the Republicans 118 00:07:12,920 --> 00:07:15,440 Speaker 1: in control of both the House and the Senate by 119 00:07:15,520 --> 00:07:21,400 Speaker 1: slim majorities. Even so, I expect to see legislation introduced 120 00:07:21,480 --> 00:07:24,520 Speaker 1: to try to quote claw back some of the authorization 121 00:07:24,720 --> 00:07:28,040 Speaker 1: that hasn't been completely obligated, and maybe even some that 122 00:07:28,120 --> 00:07:31,680 Speaker 1: has been obligated. Whether the Republicans have the muscle to 123 00:07:31,720 --> 00:07:34,560 Speaker 1: push all that through both houses is an open question 124 00:07:34,640 --> 00:07:37,840 Speaker 1: because of the close margins, But I think it's fair 125 00:07:37,880 --> 00:07:41,400 Speaker 1: to say that the promise of the Inflation Reduction Act 126 00:07:41,440 --> 00:07:45,280 Speaker 1: to really move the needle on transitions to cleaner energy 127 00:07:45,320 --> 00:07:50,040 Speaker 1: and transportation is going to be stalled, if not thwarted altogether. 128 00:07:50,120 --> 00:07:53,800 Speaker 1: And we certainly won't meet the commitments we've made under 129 00:07:53,840 --> 00:07:57,400 Speaker 1: the Paris Agreement. And of course Trump will undoubtedly withdraw 130 00:07:57,480 --> 00:07:59,520 Speaker 1: us from the Paris Agreement once again. 131 00:08:00,080 --> 00:08:04,160 Speaker 2: And that clean green energy money is by design eighty 132 00:08:04,200 --> 00:08:09,400 Speaker 2: percent is going into Republican districts. So there's that. Now. 133 00:08:09,720 --> 00:08:13,000 Speaker 2: He can't just get rid of that with executive action. 134 00:08:13,400 --> 00:08:14,679 Speaker 2: What does he have to do. 135 00:08:14,840 --> 00:08:18,200 Speaker 1: Unless the funds have not been obligated legally, he does 136 00:08:18,240 --> 00:08:21,480 Speaker 1: have some control over that. He has claimed that he 137 00:08:21,520 --> 00:08:25,520 Speaker 1: will simply impound money from the Inflation Reduction Act, but 138 00:08:26,080 --> 00:08:28,760 Speaker 1: he doesn't have the constitutional authority to do that, at 139 00:08:28,840 --> 00:08:33,079 Speaker 1: least not according to existing Supreme Court precedent. That's the 140 00:08:33,840 --> 00:08:37,960 Speaker 1: Chada case which Nixon tried to impound funds under the 141 00:08:37,960 --> 00:08:40,160 Speaker 1: Clean Water Act, and the Supreme Court said, you can't 142 00:08:40,160 --> 00:08:44,040 Speaker 1: do that under separation of powers. Once Congress has appropriated it, 143 00:08:44,280 --> 00:08:46,640 Speaker 1: you have to spend it or go back to Congress 144 00:08:46,640 --> 00:08:49,960 Speaker 1: and get them to change the original authorization. So Trump 145 00:08:50,000 --> 00:08:52,439 Speaker 1: may try to do that, right, I mean, he's fond 146 00:08:52,480 --> 00:08:55,360 Speaker 1: of saying stop me if you can in court. So 147 00:08:55,400 --> 00:08:58,800 Speaker 1: he may in fact try to impound funds under the 148 00:08:58,800 --> 00:09:01,719 Speaker 1: Inflation Reduction Act if he can't get Congress to move 149 00:09:01,800 --> 00:09:04,880 Speaker 1: quickly to repeal some of the authorization. 150 00:09:05,280 --> 00:09:10,440 Speaker 2: Let's turn to water, clean water, drinking water regulations. One 151 00:09:10,480 --> 00:09:14,040 Speaker 2: of the first rules that it's expected will be on 152 00:09:14,120 --> 00:09:17,960 Speaker 2: the chopping block is the wotis rule, waters of the 153 00:09:18,120 --> 00:09:20,120 Speaker 2: United States. What's likely to happen there? 154 00:09:20,760 --> 00:09:21,120 Speaker 4: Yeah? 155 00:09:21,160 --> 00:09:24,640 Speaker 1: So, waters of the United States is the term that 156 00:09:25,520 --> 00:09:29,240 Speaker 1: denotes the geographic scope of the Clean Water Act. And 157 00:09:29,240 --> 00:09:31,280 Speaker 1: when you think about the Clean Water Act, you know 158 00:09:31,320 --> 00:09:35,800 Speaker 1: it has multiple provisions. It regulates, of course, discharges of 159 00:09:35,800 --> 00:09:40,080 Speaker 1: pollutants from all kinds of industrial sources, municipal sources, storm 160 00:09:40,160 --> 00:09:44,840 Speaker 1: water sources, even some major agricultural sources like factory farms. 161 00:09:45,280 --> 00:09:49,280 Speaker 1: It creates a system of water quality standards that protect 162 00:09:49,600 --> 00:09:52,800 Speaker 1: uses of water for drinking and recreation and fish and 163 00:09:52,840 --> 00:09:57,000 Speaker 1: wildlife and a whole variety of purposes. These are the 164 00:09:57,160 --> 00:10:01,199 Speaker 1: uses that the states individually designate for protection, and then 165 00:10:01,480 --> 00:10:05,320 Speaker 1: they get the federal protection so that if upstream sources 166 00:10:05,320 --> 00:10:10,600 Speaker 1: of pollution are impacting downstream state uses of water. Then 167 00:10:10,760 --> 00:10:14,000 Speaker 1: the Clean Water Act allows EPA to step in and 168 00:10:14,120 --> 00:10:17,920 Speaker 1: make sure that doesn't happen. In it protects wetlands, It 169 00:10:17,960 --> 00:10:21,000 Speaker 1: has a lot of planning provisions in it on a 170 00:10:21,040 --> 00:10:27,119 Speaker 1: watershed basis that looks at entire ecosystems aquatic ecosystems as 171 00:10:27,200 --> 00:10:30,280 Speaker 1: a unit. And it gets states to cooperate like in 172 00:10:30,320 --> 00:10:33,800 Speaker 1: the Chesapeake Bay, where you have a massive basin that 173 00:10:33,880 --> 00:10:36,559 Speaker 1: contributes to the water quality problems. 174 00:10:36,200 --> 00:10:37,040 Speaker 4: In Chesapeake Bay. 175 00:10:37,120 --> 00:10:40,440 Speaker 1: It's the Clean Water Act that brings everybody to the 176 00:10:40,480 --> 00:10:43,960 Speaker 1: table and gets them to agree on cleanup programs and 177 00:10:44,000 --> 00:10:48,200 Speaker 1: prevention programs. So when you talk about Lotus and waters 178 00:10:48,200 --> 00:10:51,679 Speaker 1: of the US, you're going after the foundation of the 179 00:10:51,840 --> 00:10:55,400 Speaker 1: entire Clean Water Act in the United States. And the 180 00:10:55,440 --> 00:11:00,000 Speaker 1: Supreme Court in the Sacket case has already substantially reduce 181 00:11:00,400 --> 00:11:03,760 Speaker 1: the scope of the Clean Water Act and federal protection. 182 00:11:04,160 --> 00:11:08,840 Speaker 1: And the Trump administration, at least according to early signs, 183 00:11:09,240 --> 00:11:13,880 Speaker 1: isn't even satisfied with the amount of reduction of federal 184 00:11:13,920 --> 00:11:18,400 Speaker 1: regulation of water quality and maybe looking for even further 185 00:11:18,679 --> 00:11:21,959 Speaker 1: ways of shrinking the scope of the Clean Water Act. 186 00:11:22,200 --> 00:11:26,560 Speaker 1: We know that red state Republican attorneys general have sued 187 00:11:26,960 --> 00:11:30,760 Speaker 1: even the scaled back version of the Clean Water Act 188 00:11:30,760 --> 00:11:33,959 Speaker 1: and are trying to scale it back even further. And 189 00:11:34,000 --> 00:11:36,640 Speaker 1: so I think we can expect the Trump administration to 190 00:11:36,720 --> 00:11:41,600 Speaker 1: agree with those red states that are challenging the existing 191 00:11:41,679 --> 00:11:44,240 Speaker 1: framework of the Clean Water Act, and states, of course 192 00:11:44,280 --> 00:11:46,960 Speaker 1: are free to fill the gap and come up with 193 00:11:47,000 --> 00:11:50,680 Speaker 1: their own programs. But there's been several surveys and studies 194 00:11:50,720 --> 00:11:54,600 Speaker 1: done by the Environmental Law Institute which demonstrates that over 195 00:11:54,679 --> 00:11:57,280 Speaker 1: half of the states have laws on the books that 196 00:11:57,320 --> 00:12:01,559 Speaker 1: say that states cannot regulate beyond what the federal law requires. 197 00:12:01,559 --> 00:12:04,319 Speaker 1: So when you take the federal law out of the equation, 198 00:12:04,720 --> 00:12:07,880 Speaker 1: then there's no protection at all in many of these states. 199 00:12:07,920 --> 00:12:11,600 Speaker 1: So in terms of water quality, I think we're facing 200 00:12:11,640 --> 00:12:14,719 Speaker 1: some really serious setbacks, both as a result of the 201 00:12:14,760 --> 00:12:18,240 Speaker 1: Supreme Court, which of course has three Trump appointees on it, 202 00:12:18,760 --> 00:12:22,760 Speaker 1: and now with the Trump administration in charge of EPA, 203 00:12:23,280 --> 00:12:26,559 Speaker 1: and with Congress in the hands of Republicans who's expressed 204 00:12:26,800 --> 00:12:30,319 Speaker 1: serious doubts about all this federal regulation. I think a 205 00:12:30,360 --> 00:12:33,120 Speaker 1: lot of communities across the country have yet to find out, 206 00:12:33,360 --> 00:12:36,280 Speaker 1: you know, just how vulnerable they're going to be when 207 00:12:36,480 --> 00:12:39,840 Speaker 1: EPA leads the scene and nobody takes their place. 208 00:12:40,160 --> 00:12:42,439 Speaker 2: Coming up next on the Bloomberg Lawn Show, I'll continue 209 00:12:42,440 --> 00:12:47,240 Speaker 2: this conversation with Professor Pat Parento. Environmental groups are quickly 210 00:12:47,320 --> 00:12:52,560 Speaker 2: getting information to play defense against the incoming Trump administration. 211 00:12:52,880 --> 00:12:58,480 Speaker 2: This is Bloomberg. The first Trump administration often favored fossil 212 00:12:58,520 --> 00:13:04,000 Speaker 2: fuel development over environmental conservation and climate policies. Trump has 213 00:13:04,040 --> 00:13:07,400 Speaker 2: called climate change a big hoax and vowed to get 214 00:13:07,520 --> 00:13:11,400 Speaker 2: rid of climate policies he's dubbed the Green new scam. 215 00:13:11,880 --> 00:13:15,800 Speaker 2: So the second Trump administration might pose even more hazards 216 00:13:15,840 --> 00:13:18,960 Speaker 2: to the environment. I've been talking to Professor Pat Parento 217 00:13:19,080 --> 00:13:22,319 Speaker 2: of the Vermont Law and Graduate School. What about the 218 00:13:22,559 --> 00:13:27,080 Speaker 2: lead and Copper rule regulations where there's a mandate that 219 00:13:27,200 --> 00:13:31,320 Speaker 2: all lead drinking water pipes be removed by twenty twenty seven. 220 00:13:31,800 --> 00:13:35,480 Speaker 1: Yeah, I mean that's a really expensive item, right. It's 221 00:13:35,480 --> 00:13:37,559 Speaker 1: going to take a lot of work to tear up 222 00:13:37,760 --> 00:13:42,680 Speaker 1: older cities water infrastructure and replace all of those lead pipes. 223 00:13:42,840 --> 00:13:46,560 Speaker 1: And if you do it correctly, you can't just replace 224 00:13:46,960 --> 00:13:49,880 Speaker 1: the main lines. You've got to replace the lines right 225 00:13:49,920 --> 00:13:54,240 Speaker 1: into people's houses with cleaner, safer lines. That's a huge 226 00:13:54,600 --> 00:13:59,360 Speaker 1: you know, almost an interstate highway kind of capital program, 227 00:13:59,400 --> 00:14:01,679 Speaker 1: if you if you're going to do it across the country. 228 00:14:01,760 --> 00:14:04,840 Speaker 1: So the price tag of something like that is certainly 229 00:14:04,880 --> 00:14:07,240 Speaker 1: going to get a lot of attention from the Trump 230 00:14:07,280 --> 00:14:09,400 Speaker 1: administration and from Congress. 231 00:14:09,600 --> 00:14:11,959 Speaker 4: And you know whether Congress is going to be. 232 00:14:11,920 --> 00:14:15,800 Speaker 1: Willing to either mandate that cities you know, undertake that, 233 00:14:16,280 --> 00:14:19,320 Speaker 1: or provide significant federal funds as we used to do 234 00:14:19,680 --> 00:14:23,120 Speaker 1: to address water quality problems. Those are both open questions. 235 00:14:23,160 --> 00:14:25,360 Speaker 1: But I think going in you have to assume that 236 00:14:25,840 --> 00:14:29,400 Speaker 1: once the real price tag is known by the Trump administration, 237 00:14:29,720 --> 00:14:32,480 Speaker 1: it's probably going to back away from that commitment to 238 00:14:32,520 --> 00:14:35,520 Speaker 1: provide safe drinking water to people all across the country. 239 00:14:35,720 --> 00:14:39,600 Speaker 2: Pat how many of these are rules so that in 240 00:14:39,800 --> 00:14:43,640 Speaker 2: order to undo them they have to go through the 241 00:14:43,760 --> 00:14:49,160 Speaker 2: formal notice and comment rulemaking process to repeal and rewrite 242 00:14:49,520 --> 00:14:51,360 Speaker 2: the Biden regulations. 243 00:14:52,280 --> 00:14:54,840 Speaker 1: Right, So most of these issues we've been talking about, 244 00:14:54,920 --> 00:14:58,239 Speaker 1: our rules that had to go through the Administrative Procedure 245 00:14:58,280 --> 00:15:01,000 Speaker 1: Act notice and common And by the way, in Trump 246 00:15:01,520 --> 00:15:06,520 Speaker 1: one EPA and several other agencies, Interior Department failed to 247 00:15:06,640 --> 00:15:10,880 Speaker 1: follow the requirement of the Administrative Procedure Act and found 248 00:15:10,920 --> 00:15:14,680 Speaker 1: that they lost about eighty some percent of the cases 249 00:15:14,720 --> 00:15:17,760 Speaker 1: in which they were challenged this time around. They may 250 00:15:17,800 --> 00:15:21,440 Speaker 1: be smarter about that. You'd probably think they would be smarter. 251 00:15:21,520 --> 00:15:23,600 Speaker 1: But if they're in a hurry, if they're in a 252 00:15:23,720 --> 00:15:29,520 Speaker 1: rush to show progress on this deregulatory program, they're probably 253 00:15:29,560 --> 00:15:32,120 Speaker 1: going to be cutting some corners and skipping some steps 254 00:15:32,160 --> 00:15:36,000 Speaker 1: that are required by law, including notice and comment. And 255 00:15:36,280 --> 00:15:38,920 Speaker 1: you know, the environmental community is geared and ready to go. 256 00:15:39,040 --> 00:15:42,080 Speaker 1: They know the playbook, and I know because I'm talking 257 00:15:42,120 --> 00:15:45,320 Speaker 1: to them. They're beefing up their staffs. They're hiring more lawyers, 258 00:15:45,360 --> 00:15:47,800 Speaker 1: they're going to be doing more fundraising. You know, the 259 00:15:47,880 --> 00:15:51,080 Speaker 1: the ARA Club alone filed over four hundred lawsuits against 260 00:15:51,320 --> 00:15:54,840 Speaker 1: Trump attempts to roll back rules. When you think about 261 00:15:54,920 --> 00:15:58,040 Speaker 1: Earth Justice, the Natural Resources Defense Counsel, and many other 262 00:15:58,160 --> 00:16:02,520 Speaker 1: major environmental groups, they are going to be challenging Trump's 263 00:16:02,560 --> 00:16:08,080 Speaker 1: and Administrator Zelden's attempts to repeal and revoke these rules. 264 00:16:08,680 --> 00:16:11,000 Speaker 1: And it remains to be seen how that's going to 265 00:16:11,040 --> 00:16:13,920 Speaker 1: all play out in court. We know there are a 266 00:16:13,960 --> 00:16:16,920 Speaker 1: lot of Trump judges on the federal bench. There are 267 00:16:16,960 --> 00:16:20,120 Speaker 1: still some vacancies that the Democrats are trying to fill 268 00:16:20,240 --> 00:16:23,320 Speaker 1: before their time is up, but there's still going to 269 00:16:23,320 --> 00:16:27,520 Speaker 1: be dozens of vacancies on the federal bench and maybe 270 00:16:27,520 --> 00:16:30,800 Speaker 1: more over the four years of the next Trump administration. 271 00:16:31,240 --> 00:16:34,320 Speaker 4: So you know, the prospect for how. 272 00:16:34,160 --> 00:16:38,080 Speaker 1: These these attempts to deregulate are going to play out 273 00:16:38,120 --> 00:16:41,480 Speaker 1: in court, it's an open question right now. Lots of litigation, 274 00:16:41,640 --> 00:16:45,760 Speaker 1: for sure, wins and losses both ways, for sure. But 275 00:16:46,240 --> 00:16:48,520 Speaker 1: you know, Trump can't do this with the snap of 276 00:16:48,520 --> 00:16:50,840 Speaker 1: a finger. A lot of it is going to have 277 00:16:50,920 --> 00:16:53,400 Speaker 1: to go through court before it's resolved. 278 00:16:53,600 --> 00:16:58,560 Speaker 2: Power plants, he has fouled to terminate EPA rules that 279 00:16:58,720 --> 00:17:04,080 Speaker 2: stifle power plant pollution and encourage the closure of units 280 00:17:04,480 --> 00:17:07,879 Speaker 2: generating electricity from coal. I mean, tell us what his 281 00:17:08,359 --> 00:17:09,640 Speaker 2: goal is here. 282 00:17:10,040 --> 00:17:14,640 Speaker 1: Right, So we know that coal plants are closing largely 283 00:17:14,760 --> 00:17:19,280 Speaker 1: in response to the growth of natural gas plants, but 284 00:17:19,400 --> 00:17:23,960 Speaker 1: also because wind and solar, particularly in places like Texas 285 00:17:24,359 --> 00:17:27,320 Speaker 1: and Iowa where it's really a major source of their 286 00:17:27,359 --> 00:17:32,439 Speaker 1: electricity generation. We know that those other sources are coming 287 00:17:32,520 --> 00:17:36,919 Speaker 1: online and actually out competing coal in terms of the 288 00:17:37,000 --> 00:17:42,719 Speaker 1: price to consumers. So this idea that the Trump administration 289 00:17:42,880 --> 00:17:45,880 Speaker 1: is going to try to repeal the rules that are 290 00:17:45,880 --> 00:17:50,760 Speaker 1: imposing further limits or requirements on coal plants is probably 291 00:17:50,800 --> 00:17:53,280 Speaker 1: not going to work out in terms of the marketplace. 292 00:17:53,520 --> 00:17:57,560 Speaker 1: It may have some short term impacts, you know, depending 293 00:17:57,600 --> 00:18:01,080 Speaker 1: on how the attempts to roll back the power plant rule, 294 00:18:01,160 --> 00:18:05,160 Speaker 1: for example, which requires use of carbon capture and sequestration. 295 00:18:05,720 --> 00:18:09,119 Speaker 1: This is a technology, it's really a system of technologies 296 00:18:09,720 --> 00:18:13,320 Speaker 1: that the fossil fuel industry has been touting as the 297 00:18:13,400 --> 00:18:16,800 Speaker 1: answer to climate change. I mean many many coal and 298 00:18:17,200 --> 00:18:21,000 Speaker 1: utilities and oil and gas companies like Exon and Shell 299 00:18:21,080 --> 00:18:23,680 Speaker 1: and so forth. They're all saying that, look, we can 300 00:18:23,720 --> 00:18:27,479 Speaker 1: continue to extract and burn fossil fuels because we have 301 00:18:27,560 --> 00:18:32,280 Speaker 1: this wonderful technology that will capture the emissions and sequester 302 00:18:32,440 --> 00:18:35,840 Speaker 1: them underground in geologic formations. 303 00:18:35,920 --> 00:18:36,120 Speaker 4: Right. 304 00:18:36,400 --> 00:18:39,520 Speaker 1: But when it came to EPA saying okay, put your 305 00:18:39,520 --> 00:18:41,879 Speaker 1: money where your mouth is, we're going to actually require 306 00:18:42,240 --> 00:18:46,200 Speaker 1: coal plants in particular to either decide to phase out 307 00:18:47,119 --> 00:18:49,760 Speaker 1: operation of these aging coal plants by they were going 308 00:18:49,800 --> 00:18:52,840 Speaker 1: to give them until twenty thirty two to do that, 309 00:18:53,480 --> 00:18:56,320 Speaker 1: or if you want to maintain them beyond that date, 310 00:18:56,680 --> 00:19:01,159 Speaker 1: you're going to have to install ninety percent carbon capture systems. 311 00:19:01,240 --> 00:19:04,280 Speaker 1: And of course the industry bulked at that and screen 312 00:19:04,400 --> 00:19:08,439 Speaker 1: that's way too expensive and prohibitive, and therefore it's not 313 00:19:08,600 --> 00:19:12,600 Speaker 1: quote adequately demonstrated as required by the Clean Air Act. 314 00:19:12,800 --> 00:19:15,840 Speaker 1: So that's where that battle is going to focus is 315 00:19:15,880 --> 00:19:21,480 Speaker 1: on you. If you don't require FPS capture technology, then 316 00:19:21,560 --> 00:19:25,120 Speaker 1: there really is no way to regulate the carbon emissions 317 00:19:25,400 --> 00:19:28,000 Speaker 1: from coal plants. And by the way, a lot of 318 00:19:28,000 --> 00:19:31,399 Speaker 1: this focus on these are quote climate rules misses the 319 00:19:31,520 --> 00:19:35,960 Speaker 1: point that they are actually regulating multiple kinds of pollutants, 320 00:19:35,960 --> 00:19:41,840 Speaker 1: including hazardous pollutants like mercury and other pollutants like sulfur 321 00:19:41,880 --> 00:19:47,679 Speaker 1: dioxide and nitrogen oxide which causes acid rain, volatile organic 322 00:19:47,800 --> 00:19:51,840 Speaker 1: compounds from gas plants that cause all kinds of health problems. 323 00:19:52,320 --> 00:19:56,520 Speaker 1: EPA's data on the value of these various rules that 324 00:19:56,560 --> 00:19:59,320 Speaker 1: are now on the chopping block is that their greatest 325 00:19:59,440 --> 00:20:03,040 Speaker 1: economic value is in protecting people from a lot of 326 00:20:03,160 --> 00:20:07,520 Speaker 1: other health effects, including premature depth to the tune of 327 00:20:07,560 --> 00:20:11,359 Speaker 1: about ninety thousand people a year that live around coal 328 00:20:11,400 --> 00:20:14,800 Speaker 1: fired power plants. So these rules aren't just climate rules, 329 00:20:15,000 --> 00:20:18,280 Speaker 1: their public health rule. And if you start saying that 330 00:20:18,320 --> 00:20:21,440 Speaker 1: we're not going to be regulating these pollutants or transitioning 331 00:20:22,119 --> 00:20:24,639 Speaker 1: to cleaner sources, and that gets us back to the 332 00:20:24,680 --> 00:20:28,520 Speaker 1: Inflation Reduction Act. So, you know, the regulations and the 333 00:20:28,560 --> 00:20:32,600 Speaker 1: investments in the transition to other sources, you know, they 334 00:20:32,640 --> 00:20:35,600 Speaker 1: go hand in hand. They were part of a package. 335 00:20:35,720 --> 00:20:38,040 Speaker 1: And if the Trump administration is going to take both 336 00:20:38,080 --> 00:20:41,240 Speaker 1: the elements out of the package, both the sticks and 337 00:20:41,280 --> 00:20:44,280 Speaker 1: the carrots, then we have no climate policy at all 338 00:20:44,320 --> 00:20:47,159 Speaker 1: at the national government. That seems to be where we're headed. 339 00:20:47,600 --> 00:20:52,800 Speaker 2: We talked a lot about dangers to endangered species during 340 00:20:52,840 --> 00:20:56,040 Speaker 2: the first Trump administration, and I saw that the Bureau 341 00:20:56,080 --> 00:20:59,840 Speaker 2: of Land Management is trying to rush into place protection 342 00:21:00,359 --> 00:21:05,000 Speaker 2: for the greater sage grouse on federal land before the 343 00:21:05,000 --> 00:21:09,879 Speaker 2: Trump administration takes office in January. How much are endangered 344 00:21:09,880 --> 00:21:13,240 Speaker 2: species going to be even more endangered during a second 345 00:21:13,280 --> 00:21:14,280 Speaker 2: Trump administration? 346 00:21:15,080 --> 00:21:15,359 Speaker 4: Yeah? 347 00:21:15,400 --> 00:21:19,040 Speaker 1: Well, the unfortunate thing for the grouse is that its 348 00:21:19,080 --> 00:21:21,000 Speaker 1: habitat happens to be right in the middle of an 349 00:21:21,040 --> 00:21:25,040 Speaker 1: oil and gas field. So when it comes to the 350 00:21:25,160 --> 00:21:27,679 Speaker 1: choice between oil and gas and grouse, guess who's going 351 00:21:27,760 --> 00:21:31,080 Speaker 1: to lose. Yeah, I think the endangered species fact is 352 00:21:31,119 --> 00:21:33,960 Speaker 1: in serious trouble. That's the law that I, you know, 353 00:21:34,040 --> 00:21:37,480 Speaker 1: have been involved with for literally fifty years and I 354 00:21:37,640 --> 00:21:40,359 Speaker 1: litigated some of the early cases under the Act. So 355 00:21:41,520 --> 00:21:45,679 Speaker 1: both in Congress, you know, and through the administration, I 356 00:21:45,720 --> 00:21:48,679 Speaker 1: think the Act is in serious trouble, even though it's 357 00:21:48,880 --> 00:21:51,680 Speaker 1: highly popular with the public at least you when you 358 00:21:51,760 --> 00:21:53,919 Speaker 1: pull the public on do they want to see strong 359 00:21:54,240 --> 00:21:57,440 Speaker 1: protections for endangered species? You know there's a very high 360 00:21:57,480 --> 00:22:02,320 Speaker 1: percentage sometimes eighty or even ninety public, you know, support 361 00:22:03,000 --> 00:22:07,000 Speaker 1: for protecting endangered species and their habitat. But you know, 362 00:22:07,119 --> 00:22:12,840 Speaker 1: anytime that that that interferes with other commodity uses, whether 363 00:22:12,880 --> 00:22:16,680 Speaker 1: it's oil and gas, or mining for copper or other 364 00:22:16,800 --> 00:22:23,520 Speaker 1: valuable minerals, or grazing or any any other major economic interests, 365 00:22:23,720 --> 00:22:25,840 Speaker 1: you know it's going to lose out. It's one of 366 00:22:25,880 --> 00:22:29,720 Speaker 1: those laws because it's trying to protect the entire sort 367 00:22:29,720 --> 00:22:33,200 Speaker 1: of spectrum of species, all the way down to plants 368 00:22:33,240 --> 00:22:35,600 Speaker 1: and insects. And of course, when you think of insects, 369 00:22:35,800 --> 00:22:38,640 Speaker 1: you think, well, why are we protecting insects? But when 370 00:22:38,640 --> 00:22:42,199 Speaker 1: you think about pollinators, that's one good reason why we 371 00:22:42,280 --> 00:22:46,480 Speaker 1: protect insects. There are a keystone species for a lot 372 00:22:46,520 --> 00:22:48,880 Speaker 1: of food crops, and you can go down the list. 373 00:22:48,920 --> 00:22:53,240 Speaker 1: There's lots of reasons economic reasons why protecting species makes sense, 374 00:22:53,640 --> 00:22:57,080 Speaker 1: and why protecting their habitat is really another way of 375 00:22:57,119 --> 00:23:00,560 Speaker 1: protecting the communities that live within these areas is and 376 00:23:00,680 --> 00:23:05,399 Speaker 1: helping with climate resilience and dealing with floods and storms 377 00:23:04,920 --> 00:23:07,760 Speaker 1: and droughts and wildfires and all the rest of that. 378 00:23:08,200 --> 00:23:11,480 Speaker 1: The healthier your ecosystem, the better able you are to 379 00:23:11,560 --> 00:23:14,480 Speaker 1: withstand some of the impacts from climate change. 380 00:23:14,520 --> 00:23:16,720 Speaker 4: So all of this now is. 381 00:23:16,720 --> 00:23:21,359 Speaker 1: Going to be debated and argued, but it's sure scenes clear, 382 00:23:21,440 --> 00:23:23,600 Speaker 1: and we'll know more when we see whoever is named 383 00:23:23,640 --> 00:23:28,080 Speaker 1: as the Secretary of Interior. You know, protection for species 384 00:23:28,080 --> 00:23:30,879 Speaker 1: which has been not working out very well. I mean, 385 00:23:30,920 --> 00:23:33,280 Speaker 1: we're still losing an awful lot of habitat every year 386 00:23:33,880 --> 00:23:37,520 Speaker 1: necessary for protecting these species. You know, look like that 387 00:23:37,680 --> 00:23:40,240 Speaker 1: trend line is also going to be in the negative 388 00:23:40,359 --> 00:23:44,119 Speaker 1: as well. States again can step up if they're willing 389 00:23:44,200 --> 00:23:47,760 Speaker 1: to and do a lot more of this land conservation work, 390 00:23:48,000 --> 00:23:50,840 Speaker 1: but you know, they're also under a lot of political 391 00:23:50,840 --> 00:23:54,879 Speaker 1: stress from their constituents to open up public lands for 392 00:23:55,040 --> 00:24:00,040 Speaker 1: even further extraction and development. So right now, it's a 393 00:24:00,040 --> 00:24:03,560 Speaker 1: pretty hazy picture, I would say for the future of 394 00:24:04,000 --> 00:24:06,160 Speaker 1: a lot of these species. That are really just clinging 395 00:24:06,640 --> 00:24:10,600 Speaker 1: to existence and rely on government efforts to turn the 396 00:24:11,480 --> 00:24:14,840 Speaker 1: trend of extinction around into a more positive direction. 397 00:24:15,359 --> 00:24:18,560 Speaker 2: And the Paris Climate Accord, there's no doubt we're out 398 00:24:18,560 --> 00:24:19,800 Speaker 2: of that now right. 399 00:24:20,280 --> 00:24:23,440 Speaker 1: In fact, what I read is that the Trump administration 400 00:24:23,840 --> 00:24:25,840 Speaker 1: is going to try to argue, and I don't know 401 00:24:25,840 --> 00:24:27,320 Speaker 1: how they're going to do this through some kind of 402 00:24:27,320 --> 00:24:29,920 Speaker 1: executive order. I assume they're going to try to make 403 00:24:29,960 --> 00:24:33,400 Speaker 1: the case that the Paris Agreement really was a treaty 404 00:24:34,040 --> 00:24:40,200 Speaker 1: that should have been subjected to Senate ratification, and they're 405 00:24:40,200 --> 00:24:44,320 Speaker 1: going to try to prevent any future administration from re 406 00:24:44,720 --> 00:24:48,720 Speaker 1: entering the Paris Agreement the way the Biden administration did. Now, 407 00:24:48,760 --> 00:24:50,800 Speaker 1: whether they're going to be successful with that or not, 408 00:24:51,280 --> 00:24:54,879 Speaker 1: I don't know. Never been done, but it sounds like 409 00:24:55,040 --> 00:24:57,800 Speaker 1: not only will they withdraw from Paris, they're going to 410 00:24:57,840 --> 00:24:59,560 Speaker 1: try to slam the door and lock it. 411 00:25:00,080 --> 00:25:02,160 Speaker 2: They may not be looking toward the future as far 412 00:25:02,200 --> 00:25:05,080 Speaker 2: as the environment is concerned, but they're certainly looking toward 413 00:25:05,119 --> 00:25:08,679 Speaker 2: the future as far as the Paris Accord is concerned. 414 00:25:09,160 --> 00:25:10,879 Speaker 2: And Pat what do you think of the appointment of 415 00:25:11,000 --> 00:25:14,200 Speaker 2: Lee Zelden as head of the EPA. 416 00:25:13,440 --> 00:25:15,480 Speaker 1: Yeah, it could have been worse. You know, he's not 417 00:25:15,640 --> 00:25:17,880 Speaker 1: Scott through it. Yeah, that's the best I can say 418 00:25:17,920 --> 00:25:20,080 Speaker 1: is it could have been worse. His track record has 419 00:25:20,119 --> 00:25:23,000 Speaker 1: a couple of sort of moderating effects. I would say, 420 00:25:23,040 --> 00:25:27,720 Speaker 1: First of all, he was instrumental in getting federal support 421 00:25:27,920 --> 00:25:30,760 Speaker 1: for cleaning up Long Island Sound, which of course is 422 00:25:30,760 --> 00:25:33,879 Speaker 1: affected by nutrient pollution the way a lot of estuaries 423 00:25:33,880 --> 00:25:37,800 Speaker 1: and coastal waters are. And he's also gone on record 424 00:25:37,800 --> 00:25:41,280 Speaker 1: as strongly supporting regulation of pea fox, you know, these 425 00:25:41,320 --> 00:25:44,560 Speaker 1: forever chemicals, and some of the environmental groups that have 426 00:25:44,840 --> 00:25:47,399 Speaker 1: tried to work with him have said he's at least 427 00:25:47,440 --> 00:25:51,119 Speaker 1: someone you can talk to about these things. But the 428 00:25:51,200 --> 00:25:53,359 Speaker 1: point is he's going to be under the thumb of 429 00:25:53,359 --> 00:25:55,680 Speaker 1: the White House. His mandate is crystal clear. 430 00:25:55,960 --> 00:25:57,280 Speaker 4: I want you to start. 431 00:25:57,080 --> 00:26:00,800 Speaker 1: Rolling back all of these Biden rules dealing with climate change, 432 00:26:00,920 --> 00:26:05,760 Speaker 1: and beyond that, you know, any rules that aren't justified 433 00:26:06,000 --> 00:26:11,160 Speaker 1: by their economics according to However, the Trump administration decides 434 00:26:11,200 --> 00:26:16,240 Speaker 1: to evaluate that question, and certainly where rules are under 435 00:26:16,280 --> 00:26:20,760 Speaker 1: attack from major economic interests in the industry, the National 436 00:26:20,800 --> 00:26:24,879 Speaker 1: Association of home Builders has been very critical of federal regulations. 437 00:26:25,119 --> 00:26:28,000 Speaker 1: The Chamber of Commerce is the same. So whenever you 438 00:26:28,160 --> 00:26:33,440 Speaker 1: have a lot of sort of Republican opposition to EPA rules, 439 00:26:33,560 --> 00:26:37,720 Speaker 1: I think Zelden is going to be under tremendous pressure to, 440 00:26:38,760 --> 00:26:43,600 Speaker 1: if not outright repeal them, certainly not add new protections 441 00:26:43,640 --> 00:26:47,000 Speaker 1: that have that kind of opposition to them. The thing 442 00:26:47,040 --> 00:26:51,960 Speaker 1: about Zelden is he has no experience whatsoever with agencies 443 00:26:52,080 --> 00:26:57,399 Speaker 1: like EPA. It's an incredibly complicated agency with over twenty 444 00:26:57,480 --> 00:27:01,159 Speaker 1: statutes that it administers, each one of which is fiendishly 445 00:27:01,640 --> 00:27:06,240 Speaker 1: complicated with science and technology. So he alone can't really 446 00:27:07,240 --> 00:27:09,919 Speaker 1: manage all of that. What's going to be key is 447 00:27:09,960 --> 00:27:13,600 Speaker 1: who does he put into the key positions, the assistant administrators, 448 00:27:13,600 --> 00:27:17,840 Speaker 1: the general Council, That level of the agency is the 449 00:27:17,880 --> 00:27:21,240 Speaker 1: working level of the agency. And of course Trump has 450 00:27:21,240 --> 00:27:23,840 Speaker 1: also announced that he's going to go after civil servant 451 00:27:23,960 --> 00:27:27,200 Speaker 1: with what's called Schedule F, which is a new designation 452 00:27:27,520 --> 00:27:31,159 Speaker 1: of employees of the federal government that he's going to 453 00:27:31,200 --> 00:27:34,919 Speaker 1: try to claim are really, you know, political appointees that 454 00:27:35,040 --> 00:27:38,639 Speaker 1: can be terminated at will without cause. That's going to 455 00:27:38,640 --> 00:27:41,520 Speaker 1: be yet another big fight. Does he actually have the 456 00:27:41,560 --> 00:27:46,159 Speaker 1: constitutional authority to do that? But just the idea that 457 00:27:46,560 --> 00:27:50,119 Speaker 1: part of the game plan for the Trump administration this 458 00:27:50,280 --> 00:27:53,800 Speaker 1: time around is to go after some of these really 459 00:27:53,960 --> 00:27:59,159 Speaker 1: senior career professionals that know the real details of the 460 00:27:59,200 --> 00:28:01,760 Speaker 1: programs that they been administering for years and. 461 00:28:01,720 --> 00:28:02,960 Speaker 4: Decades in some cases. 462 00:28:03,320 --> 00:28:06,640 Speaker 1: To think that you would eliminate that brain power from 463 00:28:06,680 --> 00:28:09,200 Speaker 1: the federal government is really quite scary. 464 00:28:09,440 --> 00:28:11,200 Speaker 2: I suppose we'll have to wait and see how many 465 00:28:11,320 --> 00:28:14,800 Speaker 2: of these plans Trump can actually get through. Thanks so 466 00:28:14,920 --> 00:28:18,359 Speaker 2: much as always, Pat. That's Professor Pat Parento of the 467 00:28:18,440 --> 00:28:22,479 Speaker 2: Vermont Law and Graduate School. Back in February, the murder 468 00:28:22,480 --> 00:28:26,720 Speaker 2: of twenty two year old Georgia nursing student Lake in Hope, Riley, 469 00:28:27,040 --> 00:28:30,800 Speaker 2: became a flashpoint in the national immigration debate because the 470 00:28:30,840 --> 00:28:34,480 Speaker 2: man accused of killing her was a Venezuelan citizen who 471 00:28:34,600 --> 00:28:37,280 Speaker 2: entered the US illegally in twenty twenty two. 472 00:28:37,640 --> 00:28:41,360 Speaker 3: He was an illegal immigrant. He was an illegal migrant, 473 00:28:41,760 --> 00:28:43,880 Speaker 3: and he shouldn't have been in our country. 474 00:28:44,080 --> 00:28:48,080 Speaker 2: Jose Ebara is charged with ten counts, including malice, murder, 475 00:28:48,120 --> 00:28:51,840 Speaker 2: felony murder, and kidnapping. Jury selection in his trial was 476 00:28:51,880 --> 00:28:55,560 Speaker 2: set to begin today, but Abara, in an unusual move 477 00:28:55,640 --> 00:28:58,920 Speaker 2: for a murder defendant, waived his right to a jury trial, 478 00:28:59,320 --> 00:29:02,520 Speaker 2: meaning his case will be heard and decided by a judge. 479 00:29:02,880 --> 00:29:06,160 Speaker 2: Joining me is Lauren Johnson Norris, a criminal defense attorney 480 00:29:06,240 --> 00:29:09,760 Speaker 2: in California. Lauren, this is a murder case that most 481 00:29:09,800 --> 00:29:12,640 Speaker 2: people in the country know about because it became this 482 00:29:12,880 --> 00:29:16,680 Speaker 2: flashpoint in the debate over immigration. So a lot of 483 00:29:16,680 --> 00:29:17,680 Speaker 2: eyes are on the trial. 484 00:29:18,160 --> 00:29:21,160 Speaker 5: Well, yeah, it occurred in the kinds historically in this 485 00:29:21,240 --> 00:29:25,800 Speaker 5: country where folks are focused on the big influx of immigrants, 486 00:29:25,840 --> 00:29:30,400 Speaker 5: some undocumented immigrants, folks who came into the country without status, 487 00:29:30,440 --> 00:29:33,640 Speaker 5: and so it's become a big political point in this country, 488 00:29:34,040 --> 00:29:36,920 Speaker 5: not just what we've seen from this recent election, but 489 00:29:37,040 --> 00:29:39,719 Speaker 5: also in the sort of rhetoric and what's going on 490 00:29:40,240 --> 00:29:43,360 Speaker 5: in Washington, DC and the bills that have been created 491 00:29:43,360 --> 00:29:47,320 Speaker 5: to address immigration. So I think unfortunately for the family 492 00:29:47,440 --> 00:29:50,320 Speaker 5: who seems to disfavor this type of rhetoric around the 493 00:29:50,360 --> 00:29:53,239 Speaker 5: loss of their child, I don't blame them. Unfortunately, it 494 00:29:53,280 --> 00:29:56,760 Speaker 5: has become this contentious point for many and has received 495 00:29:56,760 --> 00:29:57,640 Speaker 5: a lot of publicity. 496 00:29:57,800 --> 00:30:01,600 Speaker 2: What are the charges against Bara It seems like they're 497 00:30:01,680 --> 00:30:02,800 Speaker 2: pretty broad. 498 00:30:02,840 --> 00:30:06,520 Speaker 5: Yeah, and they've listed a number of charges everything from 499 00:30:06,840 --> 00:30:12,000 Speaker 5: kidnapping with bodily injury, aggravated battery, aggravated assault with the 500 00:30:12,040 --> 00:30:16,360 Speaker 5: intent to rape, obstructing and hindering a person making an 501 00:30:16,360 --> 00:30:20,280 Speaker 5: emergency telephone call, and tampering with evidence. So things that 502 00:30:20,360 --> 00:30:22,600 Speaker 5: had to do with interfering with for nine one one 503 00:30:22,600 --> 00:30:26,360 Speaker 5: call to even hiding or concealing the jacket and gloves 504 00:30:26,600 --> 00:30:31,280 Speaker 5: that Yborrow was wearing. So all of that they've rolled into. Ultimately, 505 00:30:31,360 --> 00:30:33,720 Speaker 5: the grand jury came back with these charges. 506 00:30:34,360 --> 00:30:37,960 Speaker 2: Is it surprising that prosecutors didn't seek the death penalty 507 00:30:38,000 --> 00:30:39,440 Speaker 2: in this high profile case. 508 00:30:40,120 --> 00:30:42,640 Speaker 5: I guess I'm a little surprised that they didn't seek 509 00:30:42,680 --> 00:30:46,040 Speaker 5: it because you know, it's available. At the same time, 510 00:30:46,360 --> 00:30:49,320 Speaker 5: it can be harder to obtain a death verdict, and 511 00:30:49,760 --> 00:30:52,040 Speaker 5: I suspect that they just wanted to make sure that 512 00:30:52,080 --> 00:30:53,120 Speaker 5: they got the verdict. 513 00:30:53,600 --> 00:30:58,600 Speaker 2: The defense tried several things before trial. One they tried 514 00:30:58,600 --> 00:31:01,840 Speaker 2: to get the trial moved out out of Athens, Georgia. 515 00:31:01,920 --> 00:31:04,600 Speaker 2: I mean, would that have made a difference. This case 516 00:31:04,800 --> 00:31:07,960 Speaker 2: was nationally known, right. 517 00:31:07,800 --> 00:31:11,640 Speaker 5: That's a tough one because in the community itself, I'm 518 00:31:11,680 --> 00:31:16,240 Speaker 5: sure there were heightened emotions and inflamed and enraged feelings 519 00:31:16,320 --> 00:31:19,720 Speaker 5: around this case that happened. You know, at the university 520 00:31:19,760 --> 00:31:22,680 Speaker 5: in a place where people just can really you know, 521 00:31:22,840 --> 00:31:26,160 Speaker 5: empathize and feel like it's so close to home. So 522 00:31:26,280 --> 00:31:29,360 Speaker 5: I do understand why the defense sought to move the case. 523 00:31:29,800 --> 00:31:33,840 Speaker 5: But point taken, if a case is national news and 524 00:31:33,880 --> 00:31:36,680 Speaker 5: folks are familiar with it, they may share those same 525 00:31:36,720 --> 00:31:40,280 Speaker 5: feelings even in another county, So I'm not sure it 526 00:31:40,320 --> 00:31:41,480 Speaker 5: make that big a difference. 527 00:31:41,800 --> 00:31:45,360 Speaker 2: The defense tried to get some evidence suppressed, for example, 528 00:31:45,480 --> 00:31:46,400 Speaker 2: cell phone evidence. 529 00:31:46,760 --> 00:31:50,760 Speaker 5: Yeah, it seems like they sought to suppress evidence based 530 00:31:50,880 --> 00:31:53,640 Speaker 5: on the acid davits that were submitted to the court 531 00:31:53,720 --> 00:31:57,000 Speaker 5: for the search warrants. That's one way that they try 532 00:31:57,040 --> 00:32:00,000 Speaker 5: to do the press evidence, and the court ultimately said 533 00:32:00,120 --> 00:32:02,840 Speaker 5: that there weren't any problems with those search warrants and 534 00:32:03,040 --> 00:32:06,160 Speaker 5: kind of threw that theory out. They also went into 535 00:32:06,680 --> 00:32:11,520 Speaker 5: his apartment under what we call exigence circumstances to see, 536 00:32:11,720 --> 00:32:16,120 Speaker 5: you know, if someone is a tremendous danger to society 537 00:32:16,360 --> 00:32:19,640 Speaker 5: and could be actively hurting people right now, there's an 538 00:32:19,680 --> 00:32:22,760 Speaker 5: emergency in their home. The police do have the ability 539 00:32:22,800 --> 00:32:26,640 Speaker 5: to go in for those emergency type circumstances, and that 540 00:32:26,840 --> 00:32:30,640 Speaker 5: is where they ultimately arrested him. And I believe obtained 541 00:32:30,640 --> 00:32:35,480 Speaker 5: the cell phone evidence, so those efforts also were unsuccessful. 542 00:32:35,560 --> 00:32:37,440 Speaker 5: That evidence is coming in a trial. 543 00:32:37,840 --> 00:32:42,160 Speaker 2: I'm wondering how strong the DNA evidence is because apparently 544 00:32:42,360 --> 00:32:46,600 Speaker 2: it didn't exclude the defendant, but also didn't exclude another 545 00:32:47,080 --> 00:32:49,440 Speaker 2: known individual associated with the case. 546 00:32:50,200 --> 00:32:54,520 Speaker 5: Well, it's really interesting that there's identified a potential other 547 00:32:54,720 --> 00:32:55,800 Speaker 5: known individual. 548 00:32:56,040 --> 00:32:57,560 Speaker 1: But at the end of the day. 549 00:32:58,000 --> 00:33:03,880 Speaker 5: Why was this individual Ibarra's DNA under the fingernails of 550 00:33:04,000 --> 00:33:08,720 Speaker 5: the decedent. I mean, that just doesn't otherwise make sense 551 00:33:08,800 --> 00:33:12,560 Speaker 5: unless there's a theory that there's some other person involved 552 00:33:12,640 --> 00:33:17,200 Speaker 5: in the homicide. And I think that is strong enough 553 00:33:17,600 --> 00:33:21,240 Speaker 5: identifying his DNA under her fingernails for the prosecution to 554 00:33:21,280 --> 00:33:23,840 Speaker 5: go forward with a theory that he's the guy that 555 00:33:24,040 --> 00:33:28,320 Speaker 5: did it. We don't know the details about another person's DNA, 556 00:33:28,480 --> 00:33:32,320 Speaker 5: what contacts she had with other people, where that DNA 557 00:33:32,720 --> 00:33:36,560 Speaker 5: was located and why. But the fact that Abar was 558 00:33:36,600 --> 00:33:40,480 Speaker 5: a stranger to her, and ultimately they found all the 559 00:33:40,600 --> 00:33:45,560 Speaker 5: other evidence that corroborates the charges, I think underscores how 560 00:33:45,600 --> 00:33:49,800 Speaker 5: important that DNA evidence will be for the prosecutors going forward. 561 00:33:50,200 --> 00:33:53,719 Speaker 2: What other evidence do the prosecutors have that you know of? 562 00:33:54,080 --> 00:33:57,840 Speaker 5: I understand there is a fingerprint that was found on 563 00:33:58,000 --> 00:34:02,600 Speaker 5: her cell phones, which would corroborate the charge that he 564 00:34:02,720 --> 00:34:05,520 Speaker 5: interfered with her ability to call nine to one pint one. 565 00:34:05,840 --> 00:34:12,279 Speaker 5: They also located gloves, there's some surveillance video that identified 566 00:34:12,360 --> 00:34:16,880 Speaker 5: him outside of another person's apartment, where they added the 567 00:34:16,960 --> 00:34:20,719 Speaker 5: peeping tom charge that involves him, And what they will 568 00:34:20,880 --> 00:34:24,440 Speaker 5: argue is that he was in the area looking, you know, 569 00:34:24,760 --> 00:34:28,560 Speaker 5: to attack someone, and all of that evidence together, I 570 00:34:28,560 --> 00:34:32,799 Speaker 5: think is extraordinarily strong case for prosecuting this homicide. 571 00:34:33,120 --> 00:34:37,200 Speaker 2: The defense tried to separate out the peeping tom charge. 572 00:34:37,520 --> 00:34:39,240 Speaker 2: Explain how that fits in here? 573 00:34:39,760 --> 00:34:42,400 Speaker 5: Sure, So the defense tried to separate it out because 574 00:34:42,440 --> 00:34:47,600 Speaker 5: anytime that there are allegations that are you know, otherwise inflammatory, 575 00:34:47,640 --> 00:34:50,680 Speaker 5: I mean, listen, nothing is more inflammatory than an attempted 576 00:34:50,760 --> 00:34:54,160 Speaker 5: rape and murder. But the idea that he was lurking 577 00:34:54,200 --> 00:34:59,319 Speaker 5: around the neighborhood looking into women's windows suggests that this 578 00:34:59,560 --> 00:35:03,960 Speaker 5: was my he was looking for the opportunity to perpetrate 579 00:35:04,160 --> 00:35:07,960 Speaker 5: on a woman, and it's trying to keep that separate 580 00:35:08,120 --> 00:35:11,960 Speaker 5: ultimately would keep that evidence from being considered in the 581 00:35:12,080 --> 00:35:16,040 Speaker 5: death of lacoln Riley. At the same time, it tells 582 00:35:16,080 --> 00:35:18,879 Speaker 5: sort of the area of the case from the prosecution's 583 00:35:18,920 --> 00:35:22,840 Speaker 5: point of view, how this crime of opportunity ultimately resulted 584 00:35:22,880 --> 00:35:24,480 Speaker 5: in his tragic consequences. 585 00:35:24,840 --> 00:35:28,200 Speaker 2: There seems to be a lot of evidence against it. Bara, 586 00:35:28,360 --> 00:35:29,680 Speaker 2: do you see a defense here? 587 00:35:29,840 --> 00:35:31,360 Speaker 5: It's a hard sell, And you know, I think the 588 00:35:31,440 --> 00:35:37,520 Speaker 5: defense probably recognizes that the case is inflammatory, the case 589 00:35:37,719 --> 00:35:41,200 Speaker 5: is horrible, and at the end of the day, a 590 00:35:41,360 --> 00:35:45,400 Speaker 5: jury would not necessarily look at this in any sympathetic 591 00:35:45,480 --> 00:35:48,800 Speaker 5: life for this defendant. Just why I think they've gone 592 00:35:48,840 --> 00:35:52,320 Speaker 5: the way of a bench trial looking for I wouldn't 593 00:35:52,320 --> 00:35:56,240 Speaker 5: say technicalities, but really questions about the law and whether 594 00:35:56,320 --> 00:35:58,800 Speaker 5: or not each and every element can be proven beyond 595 00:35:58,800 --> 00:36:01,359 Speaker 5: a reasonable doubt. Believe a judge is in a better 596 00:36:01,400 --> 00:36:02,960 Speaker 5: position to make those calls. 597 00:36:03,239 --> 00:36:08,160 Speaker 2: There aren't many high profile murder cases where the defendant 598 00:36:08,280 --> 00:36:12,080 Speaker 2: chooses a judge over a jury. Explain the different factors 599 00:36:12,160 --> 00:36:13,640 Speaker 2: that go into that decision. 600 00:36:14,440 --> 00:36:17,680 Speaker 5: Yeah, it's a great question. So we tend to think 601 00:36:18,200 --> 00:36:23,480 Speaker 5: as defense lawyers that even the possibility that one juror 602 00:36:23,920 --> 00:36:28,480 Speaker 5: out of the twelve may vote not guilty to potentially 603 00:36:28,600 --> 00:36:32,239 Speaker 5: hang the jury, leaving the case in a status where 604 00:36:32,280 --> 00:36:36,000 Speaker 5: it may get dismissed or we tried. Giving the opportunity 605 00:36:36,040 --> 00:36:38,080 Speaker 5: to see the evidence ahead of time ties the case. Again, 606 00:36:38,160 --> 00:36:40,600 Speaker 5: we're always hoping, if you know, if there's one juror 607 00:36:40,719 --> 00:36:43,440 Speaker 5: who may say not too acquit, that they may persuade 608 00:36:43,480 --> 00:36:45,840 Speaker 5: other jurors. There's just a lot of hope the odds 609 00:36:45,880 --> 00:36:50,080 Speaker 5: are better with a jury, and so traditionally that's how 610 00:36:50,160 --> 00:36:54,279 Speaker 5: defense lawyers think. We almost always exercise the right to 611 00:36:54,320 --> 00:36:57,560 Speaker 5: a jury trial. But the question becomes, in what cases 612 00:36:57,760 --> 00:37:01,359 Speaker 5: would it be potentially about strategy to take that in 613 00:37:01,360 --> 00:37:04,239 Speaker 5: front of a judge, And my experience, that's where there 614 00:37:04,239 --> 00:37:08,320 Speaker 5: are legal questions that are harder for jurors to wrap 615 00:37:08,360 --> 00:37:12,480 Speaker 5: their heads around in terms of arguments about the law 616 00:37:12,719 --> 00:37:16,319 Speaker 5: the evidence. They also ran these motions in front of 617 00:37:16,360 --> 00:37:20,000 Speaker 5: this judge, and so the judge knows that the prosecution 618 00:37:20,160 --> 00:37:24,040 Speaker 5: took efforts even if the judge denied the suppression motion, 619 00:37:24,200 --> 00:37:27,520 Speaker 5: knows about the suppression motion and may consider their lanes 620 00:37:27,560 --> 00:37:30,320 Speaker 5: and efforts that the prosecution took to speek to convict 621 00:37:30,400 --> 00:37:33,319 Speaker 5: here where a jury would never know about that, and 622 00:37:33,360 --> 00:37:36,840 Speaker 5: so there just may be reasons ultimately that the defense 623 00:37:36,920 --> 00:37:40,719 Speaker 5: is strategizing the judges in a better position to hear 624 00:37:40,800 --> 00:37:43,800 Speaker 5: the technical details of the case that they bring forward 625 00:37:43,880 --> 00:37:46,640 Speaker 5: in a jury would because the jury doesn't have that 626 00:37:46,760 --> 00:37:49,200 Speaker 5: legal experience, presumably. 627 00:37:49,080 --> 00:37:52,239 Speaker 2: Prosecutors don't have to put forward motive. But do you 628 00:37:52,239 --> 00:37:55,560 Speaker 2: think they will put forward motive because the grand jury 629 00:37:55,560 --> 00:37:58,160 Speaker 2: came back and said it was I guess an attempted rate. 630 00:37:58,200 --> 00:38:01,000 Speaker 5: Well, it looks like that's the theory of the case 631 00:38:01,080 --> 00:38:04,840 Speaker 5: and part of the charges here, and there's likely physical 632 00:38:04,880 --> 00:38:08,680 Speaker 5: evidence that supports that. The fact that also he was 633 00:38:08,760 --> 00:38:13,400 Speaker 5: looking in another woman's apartment window seems to stir in 634 00:38:13,560 --> 00:38:16,040 Speaker 5: us kind of an understanding of that might be what 635 00:38:16,239 --> 00:38:19,160 Speaker 5: was going on here. They don't need to put forth 636 00:38:19,200 --> 00:38:22,640 Speaker 5: a motive, but I think the average person could see 637 00:38:23,080 --> 00:38:26,239 Speaker 5: why this occurred, and I think that's important as we 638 00:38:26,360 --> 00:38:28,560 Speaker 5: talk about what we need to do as a community 639 00:38:28,560 --> 00:38:31,040 Speaker 5: to focus on the protection of women and why these 640 00:38:31,080 --> 00:38:34,160 Speaker 5: cases are important to prosecute, also important to get to 641 00:38:34,200 --> 00:38:37,319 Speaker 5: the truth of and understand why this is happening. I 642 00:38:37,360 --> 00:38:40,279 Speaker 5: feel badly for the family that their loss of their 643 00:38:40,400 --> 00:38:44,520 Speaker 5: daughter got thrown into the middle of a national immigration debate. 644 00:38:44,960 --> 00:38:48,359 Speaker 5: We do know from looking at the studies that ultimately 645 00:38:49,120 --> 00:38:54,680 Speaker 5: undocumented immigrants are arrested at less than half of the 646 00:38:54,800 --> 00:38:58,480 Speaker 5: rate of native born US citizens for things like violent crimes, 647 00:38:58,520 --> 00:39:01,120 Speaker 5: and a quarter of that rate for property crimes. And 648 00:39:01,200 --> 00:39:05,120 Speaker 5: so the fact that this morphed into a conversation about 649 00:39:05,120 --> 00:39:09,560 Speaker 5: immigration instead of a conversation about violence against women, I 650 00:39:09,600 --> 00:39:13,760 Speaker 5: think is just unfortunate. I think there are greater conversations 651 00:39:13,800 --> 00:39:16,680 Speaker 5: we could have as a community and as a society 652 00:39:17,080 --> 00:39:21,720 Speaker 5: about this tragic case and what women deserve. They deserve 653 00:39:21,800 --> 00:39:24,440 Speaker 5: to be able to run through a park safely at 654 00:39:24,440 --> 00:39:29,520 Speaker 5: their university without facing risk of harm, potential rape and death. 655 00:39:29,719 --> 00:39:32,279 Speaker 5: And I hope we can continue as a community to 656 00:39:32,360 --> 00:39:33,319 Speaker 5: talk about that more. 657 00:39:33,440 --> 00:39:37,600 Speaker 2: Thanks Lauren. That's criminal defense attorney Lauren Johnson Norris, and 658 00:39:37,640 --> 00:39:39,759 Speaker 2: that's it for this edition of the Bloomberg Law Show. 659 00:39:40,120 --> 00:39:42,480 Speaker 2: Remember you can always get the latest legal news on 660 00:39:42,520 --> 00:39:46,799 Speaker 2: our Bloomberg Law Podcast. You can find them on Apple Podcasts, Spotify, 661 00:39:47,000 --> 00:39:52,040 Speaker 2: and at www dot Bloomberg dot com, slash podcast Slash Law. 662 00:39:52,360 --> 00:39:55,040 Speaker 2: I'm Jim Grosso, and you're listening to Bloomberg