The Legal Planet Guide to Suncor Energy v. County Commissioners of Boulder County

The Supreme Court building with two protest signs in front; one says PROTECT OUR PLANET with a globe, the other says BE COOL and STOP GLOBAL WARMING with earth illustrations.

UCLA Law experts explain everything you need to know about Suncor v. Boulder as the climate case heads to the U.S. Supreme Court.

The Supreme Court hears oral arguments on October 5, 2026 in Suncor Energy v. County Commissioners of Boulder County. The plaintiffs in this case are local governmental entities in the State of Colorado that face substantial and rising costs to mitigate the impacts of climate change in the form of heat waves, wildfires, droughts, and floods: The Board of County Commissioners of Boulder County, and the City of Boulder. The defendants are Exxon Mobil Corporation ...

CONTINUE READING

Word on The Street

A Wall Street sign is in focus with a blurred American flag in the background. A Broad Street sign is partially visible below the Wall Street sign.

The Wall Street Journal’s news coverage of EVs is surprisingly positive.

You might expect the Wall Street Journal to take a dim view of electric vehicles, given the paper’s conservative slant. You’d be wrong. The Journal’s news coverage, which is less ideological than its opinion page, tells us something important. In a newspaper designed for businesspeople, electric vehicles are taken very seriously.   That’s good news for all kinds of reasons, including prospects for investment. Let me start with three stories that came out in ju...

CONTINUE READING

The National Security Scam

A headshot picture of Pete Hegseth.

Just about everything gets labeled an emergency or national security threat these days. The courts may be starting to catch on.

National security claims are popping up all over.  Pete Hegseth axed protections for endangered species in the Gulf of Mexico, claiming that any impediment to oil drilling threatens national security.  A California oil pipeline gets to operate despite state law because, supposedly, the national defense requires that oil.  The Army Corps has fast-tracked hundreds of permits because of a so-called energy emergency that endangers national security.  Courts must not inte...

CONTINUE READING

Judge Smacks Down EPA’s Attempt to Revoke Six of California’s Waivers

She calls EPA's legal arguments Orwellian.

  Judge Beryl Howell of the U.S. District Court for the District of Columbia is having none of EPA's shenanigans in the agency's most recent attempt to revoke four of California's waivers to cut pollution from vehicles.  On Wednesday, Howell issued a preliminary injunction -- accompanied by a stinging opinion -  ordering the agency to withdraw its decision to reclassify the waivers as rules. Judge Howell also denied EPA's motion to dismiss California's lawsuit. ...

CONTINUE READING

What In The World Is Happening At Nature?

The word nature in bold, black lowercase letters on a white background.

Its recent editorial about Jason Arday should make us wonder whether academia adds value to anything.

By now, the tragic story of Jason Arday is well-known. But it seems that many people are doing their best to not learn anything from it. In this case, “many people” seems to be the editorial board of Nature, perhaps the most prestigious scientific journal in the world (together with Science). Nature’s editorial discusses the horrific hounding and negative media coverage of Arday, which at least at some level led to him taking his own life. There is no question t...

CONTINUE READING

Strictly Ballroom

A man in a suit and red tie holds a large photograph of classical columns at a construction site with unfinished structures and trees in the background.

How will the Supreme Court’s opinion impact environmental standing?

There’s a lot of concern about how the Supreme Court’s opinion in the Trump ballroom case could impact environmental law. The Court allowed Trump to move forward on his gilded monument to himself, despite the strong argument that he was violating the law.  In the majority’s view, the problem was that the plaintiff lacked standing.  The worry is that the Court may have cut back standing doctrine in a way that will block many environmental cases.  My view, however...

CONTINUE READING

Moving Environment Assessment Outside the Permit Process

A sign that says, "Permit."

Streamlining is good but shouldn’t become an excuse for just ignoring the environment.

I’m very sympathetic to arguments that we’re unable to build important infrastructure, whether housing or transmission, because we have too much red tape.  There’s a real temptation, however, to throw out the environmental baby with the procedural bathwater. It’s hard not to suspect that sometimes that’s the point and permit reform is just an effort to avoid considering environmental harms.  Be that as it may, it’s easy to embrace restrictions on environmen...

CONTINUE READING

Electricity Affordability Legislative Rundown

California State Capitol Building (credit: Wikipedia)

Some thoughts on the end of the 2026 California legislative session

It's officially the end of the California legislative session. While the big end-of-session negotiation over changes to utility wildfire liability fell apart, several notable energy and utility bills made it onto Governor Newsom's desk. In particular, two bills addressing electricity affordability made it through: SB 1098 (Pérez) and SB 905 (Becker). (Sam Uden at Net-Zero California has an excellent rundown of several other climate and energy bills here.) Notably, sever...

CONTINUE READING

Four Tight House Races in California

A round pin with red stars and stripes as well as white stars over a blue background reads "ELECTION 2026"

None of these is a true toss-up, but they’re still very much in contention.

In Fall 2024, I posted about six hotly contested House races in California. Republicans ended up with control of the House thanks to winning some of those seats. This year, the picture is different due to California’s decision to gerrymander in response to Texas’s one-sided House map. I can only see four districts where Republicans seem to have any reasonable chance (apart from those where Republicans have been packed as part of the gerrymander).  They all lean at l...

CONTINUE READING

The Logical Next Step After Renaming Lake Ontario

v

How does the “National Oceanic and Manospheric Agency” sound?

HONORING THE MANLY HISTORY OF AMERICA’S AIR RESOURCES AND RENAMING IT THE MANOSPHERE. Executive Orders August 28, 2026 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered: Section 1. Purpose and Policy. As I announced in Executive Order 14172 of January 20, 2025 (Restoring Names That Honor American Greatness) and in my August 27, 2026, order renaming Lake Ontario as Lake America, it i...

CONTINUE READING

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

Join Our Mailing List

The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.

The Drain

TRENDING