Month: August 2025
Federalism Is For Suckers, Part The Millionth
Donald Trump’s latest constitutional rewriting puts the lie to venerable constitutional scholarship
Here’s a good legal Rule Of Thumb: whenever anyone makes a federalism argument concerning any dispute, do not take them seriously. It’s a mug’s game. The Venn Diagram of “people who argue for federalism” and “people who lack control over the federal government” is pretty much a perfect circle. And the positions will completely flip …
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CONTINUE READINGHow to Dissent? Learn American History
LA Public Library
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
It sounds cliché, but when you face a crisis, it helps to remember times that you’ve overcome adversity. That’s the power of history. And it’s one of the reasons I think the new PBS documentary “Clearing the Air: The War on Smog” is crucial to share right now. In the 1940s, dark, smoky clouds crept …
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CONTINUE READINGWhy are California’s Zero-Emission Truck Standards Under Attack?
They are highly effective, as CLEE’s new Factsheet series on Zero-Emission Trucks documents.
The world of zero-emission trucks is at a pivotal moment. On one hand, the technology is rapidly advancing, and manufacturers are producing a growing number of zero-emission truck models in Europe, China, and here in California. Yet on the other hand, this clean transition is facing significant political and legal challenges from the U.S. federal …
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CONTINUE READINGCan California Try Again with Vehicle Pollution Limits?
A new Sixth Circuit decision provides encouragement.
In May, Congress effectively killed the most recent efforts by California to clean up its vehicle fleet. Although many people seem to have assumed the contrary, this may not be the end of the road for California regulators. A new court of appeals decision is an encouraging signal that California may be able try again when the political forces in DC are less militantly anti-environmental.
CONTINUE READINGRight-wing populist environmentalism?
The future of environmentalism may include a right-wing, populist strain that is heavily NIMBY
While there is a lot of focus on left-wing NIMBYs in public discourse, there’s also a lot of right-wing NIMBY mobilization too. For instance, the conservative California city of Huntington Beach is leading the resistance to state efforts to require upzoning to facilitate housing. Conservative rural communities are often the locus of opposition to both …
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CONTINUE READINGTwo more recent NEPA studies
These studies have better methodological approaches, and highlight the ways in which NEPA does (and does not) matter for renewable energy
In a prior blog post, I criticized a recent NEPA study from the Breakthrough Institute for some key methodological limitations. Two more studies of NEPA have since come out from Resources for the Future that I want to highlight because I think they have stronger methodological foundations. There are still important limits on what these …
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CONTINUE READINGLeveraging Cap-And-Trade Proceeds for Long-Term Utility Bill Savings and Pollution Reduction
State leaders have an opportunity to expand the benefits with cap-and-trade reauthorization.
California’s decades-long role as a climate action pioneer is facing serious headwinds. While the Trump administration and its allies have launched a full-scale attack on clean technologies, state leaders are also wrestling with an electorate now more focused on lowering prices than environmental protection. Energy costs stand in the middle. This dynamic is playing out …
CONTINUE READINGHow We Teach Environmental Law is Changing
UCLA Law faculty talk about how they are teaching environmental law differently in challenging times.
Environmental law is still relatively new and keeps changing all the time. After all, the field of environmental law didn’t really exist in the U.S. until pollution fears in the 1950s and ’60s spurred political activism. From 1970 to 1978, Congress passed more than a dozen of the most important environmental laws by overwhelming bipartisan majorities. …
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CONTINUE READINGWatch “Clearing the Air: The War on Smog”
LAPL
The American Experience’s “Clearing the Air: The War on Smog” tells an extraordinary story. It premieres on PBS this Tuesday.
A few years back, a colleague of mine, who I very much wanted to remain at UCLA, approached me because he was contemplating accepting an offer at a Washington, D.C. law school. He feared remaining in Los Angeles, even though he wanted to stay, because he didn’t want his young daughter exposed to the southland’s …
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CONTINUE READINGThe Imperious Presidency
Executive Orders by Biden and Trump speak volumes about their perspectives.
It’s not a surprise that Trump has little respect for expertise and immense antagonism toward those he views as his enemies. What’s striking, however, is that way that these attitudes leak into even the most formal government documents, where they shape the official justifications for presidential actions. To borrow a phrase from Justice Scalia, sometimes a wolf comes in sheep’s clothing. But “this wolf comes as a wolf.”
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