Trump keeps losing in court because his administration doesn't put in the hard work of making policy, writes columnist hiltzikm.
Cadiz then crafted a new proposal involving a route over an existing desert right-of-way held by the Arizona & California Railroad. The company argued that using the existing right-of-way meant that the pipeline would be exempt from further environmental review.
Then the Trump administration arrived. The Trump transition team had placed the Cadiz project on a list of “emergency and national security projects” it favored. Less than two weeks after the inauguration, a political official at Interior, James Cason, had a video conference with two Cadiz lobbyists; the agency’s political staff, Wu noted, subsequently held meetings with Interior officials over Cadiz.
Wu notes that the current Interior secretary, David Bernhardt, was formerly a lobbyist for Cadiz. Most of the events covered in his ruling occurred before his appointment as secretary and even before his earlier appointment as deputy secretary, which Trump made April 28, 2017. Bernhardt filedfrom Cadiz-related matters at Interior, which Wu took at face value.
The 2015 document explained in detail the facts underlying its conclusion that Cadiz didn’t deserve an exemption; “the 2017 Determination made no attempt to rebut such facts, it simply discarded them.” He directed the BLM, essentially, to show its work.
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