California Permits Pesticides the EU Has Banned
Guest contributor Julie Binot writes that farmworkers are paying the price of California's weaker pesticide standards.
Guest contributor Julie Binot is an LL.M. graduate ('26) from UC Berkeley. Controversies in France over the reintroduction of acetamiprid, a pesticide, led me to look at California’s own protections. In France, the push to reinstate the neonicotinoid insecticide, banned since 2018 over risks to bees and human health, was ultimately blocked by the Constitutional Council after a petition gathered over two million signatures. Is the grass greener (cleaner) here in ...
CONTINUE READINGWhat’s the Long-Term Plan to Decarbonize Aviation?
New CLEE Report on How to Deploy More Carbon-Neutral Electrofuels or “E-Fuels”
How can we decarbonize airplane flights? It’s a “hard to abate” sector of the economy, given that the usual transportation solutions like hydrogen or batteries will likely not work for long-distance flights, given their physics. Instead, some advocates and policymakers are betting on carbon-neutral electrofuels (or “e-fuels”) as an alternative to fossil jet fuel. E-fuels are a type of synthetic petroleum, produced by chemically combining zero-emission hy...
CONTINUE READINGStatutory Language? Who Cares About Statutory Language?
A new DOE guidance seems flatly contrary to the statute it’s acting under.
The Department of Energy has issued new guidance that cuts off rebates for people who replace a gas furnace with a heat pump. (It's called a guidance document but it's really a regulation.) Under the new guidance, the rebate will be allowed only if the heat pump replaces an electric furnace. Unless I’m missing something, the statute creating the program says the exact opposite. I suppose maybe at this stage I should find this blithe lack of concern for legality unsurpr...
CONTINUE READINGOne Big Loser in the California Primary is Already Clear
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The stakes are high for climate and energy policy in California’s primary election. In the gubernatorial race, we’ll either get a real runoff between a billionaire climate progressive and a moderate Democrat with big corporate backing OR, more likely, we’ll get to watch that moderate Dem do a cake walk against a Republican. The governor’s race is still too uncertain to call. But there is one primary race where the loser is already clear: data centers. Vote...
CONTINUE READINGThe Latest Step in Trump’s War on Science
OMB’s proposed new rule seeks to politicize research funding across the entire federal government
Last week, Trump’s Office of Management and Budget (OMB) proposed a sweeping new regulation of grants across the federal government. Here are two quick takeaways. First, OMB gives every sign of realizing it is on shaky legal ground. Second, the OMB rule seeks to continue Trump’s 2025 campaign to rip apart research funding. The goals of that campaign were to destabilize scientific research; squelch research on forbidden topics like climate change, clean energy, race...
CONTINUE READINGAmerica the Beautiful — Not Beautification Projects
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
If you braved one of America’s most iconic national parks this weekend, you may have a new appreciation for the meaning of Jean-Paul Sartre’s famous line that “hell is other people.” At Yosemite, visitors reported waiting up to two hours just to enter the park and once they made it through, they were greeted by congestion on roads, shuttle buses, and all the popular trails. Crowds have been flooding Yosemite ever since the federal government did away ...
CONTINUE READINGThe Compelling Case for Clean Energy Subsidies
There’s a solid economic case for government support
Tax credits and direct subsidies sound like handouts. That’s not true in the case of renewable energy and electric vehicles. No should feel bashful in advocating for these subsidies. They provide very real benefits to society, not just to the shareholders in a few firms. Tax credits and subsidies. like those that were contained in the Inflation Reduction Act, will help us avoid many billions of dollars a year of harm to our environment and health. They will also ...
CONTINUE READINGGas Pains
Higher gas prices are inflicting real pain on lower-income families.
Commentators seem bemused by the intense political reaction to gasoline prices, which are up by about a dollar a gallon due to the Iran war. No doubt the reaction is accentuated because gas prices are highly visible. People buy gas frequently and even more frequently see signs posting the prices. But to a greater extent than many in the upper income distribution appreciate, the actual economic pain is very real. Brookings researchers have unpacked the reasons. Over th...
CONTINUE READINGToo Cheap to Meter?
Unlimited energy abundance is more of a pipe dream than a realistic policy goal.
Matt Yglesias, as you probably know, is a leading voice in the Abundance Movement. I follow him on Substack and find many of his posts informative and insightful. Like Yglesias, I believe it’s imperative to build clean energy infrastructure in place of fossil fuel technologies , which is why I advocate green industrial policy. But I found a recent Yglesias post on “the case for clean energy abundance” disturbingly off pitch. One reason is that the post seems...
CONTINUE READINGHate the Gas Tax? Get to Know the Road Usage Charge
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
We Californians glide on a network of more than 394,000 miles of roadway, which includes 51,000 miles of state highways, and 25,737 bridges. Our state highway system is one of the largest in the country and requires serious maintenance. Whether you usually travel by gas-powered car, EV, public transit, bicycle or on a sidewalk, you benefit from the state’s transportation system, funded by federal, state, and local sources. We should all pay for this system. The onl...
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