General
The “God Squad” is Subject to a Lot of Limits. But I’m still worried.
Getting an exemption from the Endangered Species Act is normally difficult. But there’s a scary exception.
The Endangered Species Act Committee has been nicknamed the God Squad, on the theory that it holds the power of life and death over endangered species. It does the have the power to exempt from projects from the Endangered Species Act (ESA), although that’s not quite as ominous as it sounds. It’s understandable that many people freaked out when a Federal Register notice appeared announcing a meeting of the Committee relating to offshore drilling in the Gulf. We don’t have any specifics , What we do know is that the process is complex and cumbersome, and that there are important limits on the Committee’s discretion. There’s still reason to worry, however, because Pete Hegseth actually is the one with godlike powers over endangered species.
CONTINUE READINGClimate Issues in the 2026 Governor’s Race: Building Decarbonization and Energy Efficiency
Fourth in a series of posts outlining key challenges and opportunities facing California’s next governor.
(This climate issue brief is authored by CLEE’s partners at the Building Decarbonization Coalition and Caliber Strategies.) As California pushes to decarbonize, its homes and commercial buildings are a central driver of the state’s affordability, energy and infrastructure challenges. Building energy consumption (both electricity to power appliances and gas to power furnaces and stoves) is …
CONTINUE READINGEarth is Getting Darker. Here’s Why That’s Alarming
Some climate scientists are calling attention to yet another alarming recent climate trend: Earth’s declining reflectivity and what it may mean for feedback effects on future warming.
Some recent Earth observations are spreading new alarm among climate scientists. The observations have been reported in many scientific and environmental outlets, and have provoked a fair amount of confusion and some misrepresentation. Some scientists have been informally calling these observations “the most important climate risk you’ve never heard of.” But they have not yet …
Continue reading “Earth is Getting Darker. Here’s Why That’s Alarming”
CONTINUE READINGClimate Issues in the 2026 Governor’s Race: Water
Third in a series of posts outlining key challenges and opportunities facing California’s next governor
California’s next Governor will need to grapple with a complex array of local, state, and regional water issues. Climate change, shifting population dynamics, and a changing economy are stressing California’s water systems and intensifying conflict over water resources. Floods and droughts are becoming more frequent and more severe. And there are no major new sources …
Continue reading “Climate Issues in the 2026 Governor’s Race: Water”
CONTINUE READINGIs Climate Journalism Up to the Task in 2026?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
We need strong climate journalism now more than ever and there’s some good news to report on that front. Important voices on the climate beat are cranking up the volume, especially via new digital platforms. But first, the bad news. We now know that 2025 was Earth’s third warmest year on record — featuring firestorms …
Continue reading “Is Climate Journalism Up to the Task in 2026?”
CONTINUE READINGFive Lessons from the Tariff Case
What can the case teach us about litigating environmental cases against Trump?
Learning Resources v. Trump, the recent tariff ruling, doesn’t say anything direct about environmental cases. But there are a series of useful lessons for environmental litigators. One obvious one is that the conservatives aren’t all “in the tank” for Trump (though Alito and maybe Thomas seem have gone pretty MAGA). Trump’s nasty insults of the conservatives who ruled against him probably won’t bring them back onto the Trump train. His effusive praise for the three conservatives who voted for the tariffs may even increase frictions within the supermajority. Here are five more lessons.
CONTINUE READINGThe Tangled Web of the Boulder v. Suncor Cert Grant
Pass me some aspirin. Attorney General Rob Bonta might want some, too.
On Monday, the U.S. Supreme Court agreed to take up the Boulder v. Suncor Energy case, one of the growing set of state-law nuisance and consumer protection cases filed by states and municipalities against fossil fuel companies for harms from climate change. The Court will review the Colorado Supreme Court’s decision to allow the case …
Continue reading “The Tangled Web of the Boulder v. Suncor Cert Grant”
CONTINUE READINGHas Trump Actually “Driven a Dagger Through the Heart” of Climate Policy?
Lee Zeldin
Don’t jump to conclusions based on the Administration’s spin operation.
there’s a good chance that the repeal of the Endangerment Finding will be reversed by the courts. That would ground federal climate policy even more firmly in the law, so the Administration is taking a gamble. Saying they’ve one is as premature as a roulette player who’s just put all their chips on one number announcing that they’re now rich before the wheel has even started turning. Even if the courts do uphold the repeal, a lot will depend on just what legal theory the judges adopt. Some legal theories would slam the door on efforts by future Democratic presidents. Others would leave room to move forward.
CONTINUE READINGThe Overlooked Precedent Supporting EPA Regulation of Greenhouse Gases
Even Roberts and Scalia agreed that Mass. v. EPA is the law
An important precedent has been overlooked in the coverage of the Trump EPA’s repeal of the 2009 Endangerment Finding. The 2009 finding relied was based on , in which the Court had held that the Clean Air Act covers air pollution and directed EPA to determine whether greenhouse gases are harmful. One reason to worry about the litigation is that the conservatives Justices all dissented from Massachusetts v. EPA over the repeal. But there’s another equally important precedent: American Electric Power v. Connecticut (AEP). That ruling was joined by Chief Justice Roberts and Justice Scalia, so it may carry more weight.
CONTINUE READINGA.I. Pollution in the Air — and the Public Comments
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Artificial intelligence has already replaced some artists, translators, and podcast hosts. Now it’s coming for… concerned citizens? That’s right. AI-assisted campaigns have started flooding the inbox of government agencies that seek to engage with the public. Do you remember last June when the South Coast Air Quality Management District Board killed two common sense clean …
Continue reading “A.I. Pollution in the Air — and the Public Comments”
CONTINUE READINGJoin Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
