Trump Administration
Windows of Opportunity Open in the States
The most exciting new prospects for environmental progress are far outside the Beltway
The new Congress will be a significant thorn in the President’s side. But Trump’s veto power will severely limit its ability to enact policies of its own. It is in the state governments where exciting opportunities exist for major policy changes. The political configuration and policy potential varies state by state. The opportunity is biggest in states where Democrats won trifectas: Pennsylvania, Wisconsin, Michigan, Minnesota and Nevada, with Arizona expected to join the list. The last time this happened in Minnesota, the state’s clean energy policies took major steps forward.
CONTINUE READINGElection 2026: A Political Earthquake
How close were the forecasters? And what happens next?
Now that the votes are actually in, it’s time to take stock. There are still races that are too close to call. Overall, however, the Tuesday vote was a remarkable Democratic win . The effect will be to hinder Trump’s anti-environmental campaign while expanding state support for clean energy. The vote counting for 2026 is not yet over, but the 2028 presidential campaign has now begun.
CONTINUE READINGShhh: The 2026 Midterms Were a Climate Election
The Drain is a roundup of environmental and climate news from Legal Planet.
The topic of climate change was mostly missing from the midterm campaign trail and yet the election results could go down as the biggest climate election in U.S. history. Both things can be true. Yes, mentions of climate change in 2026 were sparse on the campaign trail and they disappeared from press releases issued by …
Continue reading “Shhh: The 2026 Midterms Were a Climate Election”
CONTINUE READINGIs Permit Certainty Worth It?
The most problematic provision in the permitting reform bill is permit certainty. It’s not even clear it will accomplish what it sets out to do.
I’ve written a bunch about the issues with the permit certainty provisions of the permitting reform bill. Apparently that provision was a demand of Democratic negotiators, seeking to protect renewable energy from the Trump Administration. If that is the goal, it comes at a steep cost in terms of an overbroad provision with lots of …
Continue reading “Is Permit Certainty Worth It?”
CONTINUE READINGElection 2026: The Final Sprint [PLUS Breaking News]
Democrats are likely to win House control, but control of the Senate is iffier.
In the last month, Trump has been on the campaign trail, and Republicans have spent hundreds of millions on ads. Elon Musk alone has set a record for campaign spending. Nevertheless, unless the experts are haywire, Democrats will control the House, and their odds in the Senate are better than 50/50.
What’s Left of NEPA?
It’s already taken three major blows. Yet opponents seem to fear it as much as ever.
In effect, NEPA has been poisoned, bludgeoned, and stabbed in succession by the three branches of government. You would think that NEPA reform might seem less urgent after all that. Yet permit reformer still seem to think it’s as dangerous as ever, like a vampire that can only be killed by a wooden stake through the heart at midnight.
CONTINUE READINGGolf. Trump. Lies. And NEPA.
What more could you ask for in a single court opinion?
In a Monday ruling, Judge Reyes told the government to stop work on Trump’s plan to demolish a D.C. public golf course and replace it with one for pro tournaments. There are intriguing legal issues: whether a President’s social media posts can establish the basis for judicial review; whether golfers have standing to sue to preserve an existing course; how to deal with apparent dishonesty by government lawyers; and last but not last, whether the Supreme Court has eliminated NEPA’s segmentation doctrine. All in a beautifully written district court opinion.
CONTINUE READINGWhy the Midterms Matter for Energy & Environment
Trump could still pursue his fossil fuel dominance agenda – but not as easily.
Trump still can take many administrative actions regardless of who controls Congress. But the election still matters for the future of the U.S. energy system and the planet. A President who has the support of a united Congress can do a lot more than a President who must contend with serious congressional opposition. Here’s why it matters.
CONTINUE READINGHey Kids, It’s National Energy Dominance Month!
This October, we officially celebrate the coal and oil industries. Says President Trump.
People sometimes accuse Trump of lacking any consistent policy beliefs, but that’s certainly not true in the areas of energy and environment. He has one clear goal, maximizing fossil fuels. Everything revolves around that. And now we have a whole month officially set aside to celebrate his masterplan.
CONTINUE READINGBlowing in the Wind
The Trump Administration once again proves shortsighted and spiteful.
Just as sponsors are making a push to get a bipartisan permit reform bill through the lame duck session of Congress, the Trump Administration has apparently decided to sabotage the process. Democrats have worried that it does no good to streamline permitting for clean energy projects if the government simply yanks the permits later. That’s exactly what the Administration is planning to do, yet again, in a case where it has repeatedly lost in court.
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