Why the Midterms Matter for Energy & Environment
Trump could still pursue his fossil fuel dominance agenda – but not as easily.
This is an important election whether you think climate change is a serious threat or a hoax. Sadly, environmental issues aren’t a top priority for most voters, and energy is mostly an affordability issue. And admittedly, 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 ...
CONTINUE READINGWhy Does Chevron Want Karen Bass to Win Re-election?
The Drain is a roundup of environmental and climate news from Legal Planet.
As Angelenos cast their ballots for mayor, Chevron is making clear which candidate it prefers: Mayor Karen Bass. This week brought news that the Chevron Corporation donated $50,000 to a labor union-sponsored independent expenditure committee supporting Bass’s mayoral campaign. Sammy Roth reported on the donation at Climate Colored Goggles, noting that the situation resembles the gubernatorial primary, during which Xavier Becerra benefited from Chevron money. POL...
CONTINUE READINGAn Overview of BAAJA
All my posts (to date) on the permitting reform bill before the Senate
There’s a lot to ponder in the permitting reform bill before the Senate. I’ve tried to work through what I think the important issues are in Titles I through IV of the bill (which focus on environmental law). As a reference, in case it’s useful to others, here are my blog posts discussing the various provisions, and making suggestions for improvements: Initial overview: https://legal-planet.org/2026/10/01/a-quick-overview-of-the-senate-permitting-reform-bill...
CONTINUE READINGProcedure Versus Substance
Drawing a false dichotomy between procedure and substance does not lead to good policy
“If I let you write the substance and you let me write the procedure, I’ll screw you every time.” Former US Rep. Dingell In the prior post I criticized some of the positions of environmental groups in the debates over the Senate permitting reform bill. But advocates of the bill have also made problematic arguments. Most important of those problematic arguments is a claim by proponents that the permitting reform bill is only about procedure, not substan...
CONTINUE READINGPermitting Wars
Environmental groups should engage constructively with permitting reform
The permitting reform bill now being considered in the Senate has provoked fairly vicious fights between “abundance” advocates and at least some environmental groups. I think that there are valid critiques of many of the arguments that each side is making, and I think unpacking those critiques can be helpful in trying to find a path forward for environmental law. In this blog post, I will start with what I think many environmental groups get wrong about permittin...
CONTINUE READINGHey Kids, It’s National Energy Dominance Month!
This October, we officially celebrate the coal and oil industries. Says President Trump.
“Children, big news. President Trump made it official: October is National Energy Dominance Month. (For you older kids, that 's "dominance" not "dominatrix." It does NOT mean Melania in leather!) The name of the month is hard for a lot of kids to say, so we’re using the initials and calling it N.E.D. Can you draw a picture of Ned? There’s a national contest for the best picture, with lots and lots of prizes. You can win a bag of coal or a gallon of motor o...
CONTINUE READINGBlue Leaders in Red States
What can we expect if Dems flip the governorships in red states?
How much would it matter if Democrats flip the governorships in Red States? States are significant players in energy and climate policy, so the answer matters. Right now, the Democrats have 50/50 odds in Georgia and Ohio, and maybe better than 50/50 in Alaska and Iowa. Governors are only one branch of state government, which obviously limits their sway. Still, like Presidents, they have some real maneuvering room. To get some sense of the possibilities, I took...
CONTINUE READINGHow to Deconstruct Federal Regulation
Section 1401 of the Permitting Reform Bill is a stealth repeal of a wide swath of federal regulatory law, not just environmental law
I want to write separately to emphasize how sweeping the permit certainty provisions of Section 1401 of the permitting reform bill likely are. Again, these are provisions that apply if an agency takes an “action” (which is undefined) against a “project” (also undefined) that “would revoke, rescind, withdraw, terminate, suspend, amend, or alter a Federal authorization or permit in effect on or after September 16, 2026, or take any other action to interfere wit...
CONTINUE READINGImproving permitting reform
Suggestions to make the permitting reform bill work better and avoid unintended results
I’ve written a bunch about the Senate’s permitting reform bill. My basic takeaway is that I want this bill to pass, but that there are some serious flaws in the bill, particularly in the permit certainty provisions, that must be addressed. And in general, there are areas where greater clarity about the scope of the bill would be helpful – clarity that I think would align with what the drafters likely wanted anyway (so the clarity would reduce the risk of uninte...
CONTINUE READINGNEPA Remedies Revisited
Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.
Guest contributor Justin Pidot is co-director of the environmental law program at the University of Arizona James E. Rogers College of Law. Eric Biber’s recent posts have done a terrific job providing an overview of many of the Senate permitting bill’s provisions. I want to revisit the issue of NEPA remedies he discussed here, and the bill’s broader approach judicial review of NEPA claims, because I think there are dramatic implications hiding unde...
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