Phantom Deregulatory Savings
When you take a close look, claims of huge savings from rollbacks evaporate.
I hate to shatter your illusions, but you can’t trust what the Trump Administration says about its regulations. Here’s a recent example, from EPA chief Lee Zeldin: “In this past year, the Trump EPA finalized an estimated $1.6 trillion in deregulatory savings for American families and businesses, all while maintaining strong environmental protections,” according to Zeldin. “The Trump EPA is proving you can lower costs, restore consumer choice, and protect the ...
CONTINUE READINGCan We Reduce Silos in California Government?
By US Department of Labor - L-22-05-03-H-032, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=126353040
Suggestions for the Next Governor
About now, Governor Bacerra and his team are receiving lots of advice about policies, priorities, appointments, and best practices – some of which may even be helpful. CLEE has added its two cents with CLIMATE & ENVIRONMENTAL POLICY, PROCESS, AND GOVERNANCE: Advice for California’s Next Governor. We have approached the topic with humility, understanding that the Governor and new Administration face many challenges and have lots of priorities. Based on ex...
CONTINUE READINGAn On-the-Ground Report from COP31 in Turkey
The Drain is a roundup of environmental and climate news from Legal Planet.
Presidents and prime ministers from around the world are meeting today in Turkey to discuss climate change, global electrification goals and (maybe, but maybe not) proposals for the much-needed transition away from fossil fuels. A Turkish cab driver I met this week thinks it’s all a charade. “Look, these conferences, these meetings are all about showmanship,” the driver told me and my colleagues while driving us from downtown Antalya to the COP31 expo center...
CONTINUE READINGNext steps towards clarity on data center water use
Governor Newsom recently signed AB 2619 (Papan) and AB 2469 (Papan), bills which will require data center developers to provide California with additional information about their potential and actual water usage. This is great progress, especially since the Governor vetoed similar legislation last year. And it’s not too early to look forward to further improvements. These bills are necessary, but not sufficient, for responding to the proliferation of data centers a...
CONTINUE READINGWhat Democrats Can, And Should, Do with Their New Majority
“Green Ideas for the New Blue Majority” is a series from UCLA Law faculty exploring legislative opportunities for the 120th Congress.
Democrats achieved a generational landslide victory in the 2026 midterm elections largely by campaigning on affordability, fighting corruption, and acting as a check on unpopular Trump policies. To date, Democrats have won at least 253 seats in the House and 54 in the Senate. For the first time this century, Democrats won statewide in Texas — including a Senate seat and the governor’s mansion. They won a Senate seat in Kansas, which had not happened in 94 year...
CONTINUE READINGWindows of Opportunity Open in the States
The most exciting new prospects for environmental progress are far outside the Beltway
A small event last Thursday captures this moment of change. The Fifth Circuit heard a challenge to Texas’s 2021 anti-ESG law, which gives the Texas Comptroller sweeping powers to blacklist companies that disfavor fossil fuels. The law was vigorously defended by the state’s current Attorney General. But here’s the thing: The new Texas Attorney General will be Nathan Johnson, a Democrat who has no reason to defend the law. And the new Comptroller will be Sarah Eckh...
CONTINUE READINGWeighing the permitting reform bill
A summary of what I think the main changes to enviro law are, and the risks of uncertainty in how it is applied
Based on the manager’s amendment, and assessing the bill as it stands, here is my key summary of what I think the major components of Titles I through IV do overall: Eliminate supplemental NEPA based on new information (though it is retained for changes in projects). Narrow alternatives to be considered under NEPA where there is a project sponsor with specific goals Eliminate NEPA on tribal lands (unless the tribe opposes the project) Allow greater use of...
CONTINUE READINGThe revised permitting reform bill
Amendments announced over the weekend address some key issues, but leave others unresolved
The manager’s amendments for BAAJA – the changes to the bill that the primary drafters support – came out Saturday morning. Given the short time frame (the first procedural vote is tomorrow morning), this will have to be a quick overview of those changes and their implications. I’ll cover the extent to which those changes address the major concerns I had with the bill, summarize what I think the main changes of the bill will be overall, and address why I I’...
CONTINUE READINGAdvice for California’s Next Governor: Transportation
Recommendations from CLEE’s policy roadmap for the incoming administration
Tuesday’s elections delivered a nationwide sweep of results with positive potential for climate and environmental policy. The new Congress will have power to slow or reverse some of the Trump Administration’s attacks on federal clean air and clean water policy and the opportunity to reinstate some clean energy tax credits. State legislatures and governorships in places like Ohio, Pennsylvania, and Texas can tackle the data center question with an eye toward protec...
CONTINUE READINGElection 2026: A Political Earthquake
How close were the forecasters? And what happens next?
I've rewritten this post several times as the scope of the election results has become more clear. At first, I thought this was a strong midterm for the Democrats. Then, a remarkable one. But now I think the election goes beyond that. It is remarkable enough that Democrats won a Senate race in Texas (not to mention South Carolina!). It's beyond remarkable that they also won races for the Texas Governor, Lieutenant Governor (a powerful position in Texas), and Attorn...
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