Region: National
First Monday? More Like ‘First Moanday.’
Since conservatives got a supermajority on the Supreme Court, it’s been on an anti-environmental tear.
Never say never. Maybe someday the Court will surprise us with a big win for the environment. But it would be foolish to count on that. We can also hope that the Court will do other good things, such as reining in Trump’s executive overreach. But it would be foolish to count on the Court to take a stand in favor of environmental protection.
CONTINUE READINGAt a Loss for Words? Resist Climate Silence
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A few years ago, I was writing about how President Joe Biden was flying around the country to promote his landmark climate law without uttering the word “climate.” Seems so quaint. Now, we find ourselves in a place where “climate change” is on a list of banned words maintained by the U.S. Energy Department, along …
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CONTINUE READINGNEPA Update: The Other Shoe Drops
A New D.C. Circuit Case reads the Seven County decision for all it is worth.
Based on the facts as set forth by the D.C. Circuit, its decision in the Tennessee Pipeline case may have been right. But the opinion went astray with its unrestrained enthusiasm for deference in NEPA cases, and its assumption that the same rules carry over in reviewing decisions under other statutes like the Natural Gas Act.
CONTINUE READINGWebinar: Climate Policy without the Endangerment Finding
UCLA Law’s “Up in the Air” webinar explores the future of federal and state climate policy if the endangerment finding is repealed.
As Environmental Protection Agency Administrator Lee Zeldin rushes to rescind the endangerment finding — which some have called “the Holy Grail of U.S. climate policy” — the UCLA Emmett Institute hosted an expert panel discussion on the reasoning and ramifications of such a move. The effort underlines “an extraordinarily dark time in U.S. environmental politics,” …
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CONTINUE READINGAfter Trump: Recreating Agencies From the Ground Up
A Game Plan for 2029
By 2029, much of the government’s top echelon – the most experienced and expert public servants — will have been forced out or will have fled the government voluntarily. The lower ranks will be depleted and demoralized. Fortunately, there are some options for moving quickly in the policy sphere. In planning for the post-Trump world, reformers will have a big advantage over exercises like Project 2025: instead of being run by ideologues, the planning process can call upon people who know how government works and who want to make it work better rather than destroying it.
CONTINUE READINGReinventing NEPA
What do we really want NEPA to do? And what’s the best way to do it?
Imagining reform legislation from Congress is difficult, but it’s worth imagining, if only as a thought experiment, how we could do better. I would suggest we start by asking what we can expect NEPA to accomplish after fifty years of judicial decisions and agency practice – and whether there are better ways of accomplishing those things.
CONTINUE READINGImmigration Law is Environmental Law
The recent ICE raid on a Hyundai-LG plant in Georgia highlights a problem in our visa system — and our politics.
Three weeks ago, federal and state agents conducted an immigration raid at a multi-billion-dollar Hyundai-LG battery plant under construction in Ellabell, Georgia and detained some 475 workers. About 300 of these workers were South Korean citizens. 14 were from China, Japan, and Indonesia. Another 145 were from Mexico and other Latin American countries. As has …
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CONTINUE READINGIn His Own Words: The Unitary Executive Explains Science Stuff to Us
Inside the government, the war on science seems to be over, and ignorance has won.
In the past couple of days, the President has given us the benefit of his wisdom on highly technical issues. It seems clear that, as far as the government is concerned, the war on science is over, and ignorance has won.
I’m going to let the President make my case for me. Below are excerpts of Trump’s explanations of vaccine policy, autism causation, and climate science.
CONTINUE READINGNew York Climate Weak
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Now is the time for courage. Now is not the time to pull punches or pull speakers. We need more speech — not enforced silence. That’s why I’m not a big fan of shutting down campus speakers, even those who might spread climate obstruction. Like Vicki Hollub, the CEO of Occidental Petroleum, who was being …
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CONTINUE READINGPermitting reform in the Trump Administration
It’s hard to do a deal when one side can’t be trusted to keep their side of the bargain
There’s more chatter about permitting reform again in Congress. I’m supportive of the concept, and thought the deal on the table at the end of the Biden Administration was probably worth doing. So there are now bipartisan efforts to amend NEPA, and also to do a broader permitting reform bill. I’ll leave specific analyses of …
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