Violations of Free Speech at EPA
EPA employees were within their rights with the dissent letter they wrote.
After firing a few others, EPA recently announced mass suspensions for employees who signed a dissent letter to Zeldin (cc’d to Congress), protesting EPA’s anti-environmental policies. The discipline violates the First Amendment and quite likely the Whistleblower Act. It is part of a series of efforts to quash independent thought among civil servants: It is not enough for their actions to support administrative policies; so must their thoughts. The dissent let...
CONTINUE READINGClean up on aisle 131
Legislature should fix flaws in AB 131
As this year’s legislative session comes to a close, I want to highlight legislative action that I hope happens in the next session. I noted earlier that AB 130 and AB 131 both were important steps to advance infill housing in California by creating exemptions for infill housing from the California Environmental Quality Act (CEQA). As discussed in that post, and in prior co-authored work, such exemptions make sense from the perspective of ensuring that environmenta...
CONTINUE READINGYoung Climate Plaintiffs Won Big in Montana. Can They Again?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
One of the biggest climate victories to date belongs to 19-year-old Eva Lighthiser and the other Montana youth climate plaintiffs who won their landmark case against state officials and saw it upheld in the state Supreme Court. Now, some of those same young people — Lighthiser included — are headed back to court next week with a more formidable target: the White House. Lighthiser v. Trump challenges several of the administration's pro-fossil fuel energy execut...
CONTINUE READINGReconciliation and Public Lands Part 2
Final legislation is narrower than House bill, focused on fossil fuel leasing on federal lands.
As a (belated) follow-up from my post this summer about the House version of the reconciliation bill, here is a summary of the key public lands provisions of the reconciliation bill as finally enacted. In general, the scope of what is covered is substantially less than what was in the House bill, in part because provisions were stripped out by the Senate Parliamentarian. In particular, all of the “pay to play” provisions to facilitate greater oil and gas develop...
CONTINUE READINGParsing the 11th Circuit’s “Alligator Alcatraz” decision
Panel majority disingenuously blocks interim relief.
Last week, a divided panel of the 11th Circuit US Court of Appeals stayed the preliminary injunction issued by a District Court halting use of the Everglades detention center the Trump Administration loves to call "Alligator Alcatraz" pending the outcome of NEPA litigation. The preliminary injunction was a bit aggressive -- the trial court had ordered not only that additional construction be halted and no new detainees brought to the site, but that some facilities...
CONTINUE READINGA Clear and Present Danger to American Health
We’re all – each of us individually — less safe than we were a year ago.
An accident victim is rushed to the hospital, bleeding and unconscious. The ER is primed and ready. A crack team of influencers leaps into action, having replaced the ER doctors…. OK, things haven’t gotten quite that bad. But that’s essentially what’s happening to America’s health system. The head of the Department of Health and Human Services is basically a crackpot, who thinks he can diagnose kids' biochemistry by walking past them in an airport. No, I...
CONTINUE READINGHouse Natural Resources Committee Holds Hearing on Another Ill-Conceived Permitting Reform Bill
The SPEED Act takes aim at the scientific foundation of environmental review
By guest contributor Justin Pidot. On September 10, the House Natural Resources Committee will convene a hearing on the SPEED Act—the latest NEPA reform bill championed by Chairman Bruce Westerman. The bill includes provisions that would fundamentally compromise the integrity of federal decision making processes by allowing—or even compelling—the government to ignore scientific and technical information critical to understanding the effects of a federal action a...
CONTINUE READING“Degrowth Donald”
We now have ample examples that Donald Trump is not an abundance President
The title of this blog post comes from this article, where the author originally humorously tagged Donald Trump as a degrowth activist because of his opposition to renewables, his tariffs to constrain trade, and the potential economic impacts of those policies. Except now it’s not so humorous. Turns out that having the federal government capriciously renege on grants and contracts, try to stop in-construction renewable energy projects, impose large tariffs on impor...
CONTINUE READINGCalifornia Issues the First State Guidance for Corporate Climate Risk Disclosure
CARB takes an important step in an emerging field of climate policy
The California Air Resources Board this week released draft guidance for corporate climate-related financial risk disclosure, providing some insight into what large companies will be required to report beginning in January 2026. This is a quiet but fairly monumental step in climate risk disclosure in the US, and a reminder of the power of state governments to advance strong climate policy despite retrenchment at the federal level. In 2023, California Senate Bill 261...
CONTINUE READINGWhere Should The United Nations Move?
The Trump Administration has abandoned the world, and the world should return the favor -- with a climate twist.
You might have missed it amidst the sewer hose of feces that Donald Trump’s regime is spraying on the nation and the world, but the United States announced last week that it will not extend a visa to Palestinian Authority President Mahmoud Abbas to attend the United Nations General Assembly. I’ve been a Zionist all my life, and remain one. But this is outrageous. Apart from being a massive gift to the PA’s rival, Hamas, and Hamas’ alter ego, Benjamin Netana...
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