Region: National
Our National Parks are Open — and Openly Threatened
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
“I’m still here working.” That’s what a park ranger at Yosemite National Park told me last Friday, as he made his rounds. Anyone who thinks they can flagrantly break the park rules during the government shutdown is in for “a rude awakening,” he said. Literally. He and other rangers have been using noise to wake …
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CONTINUE READINGGuess What? The Next 2 Weeks Are “National Energy Dominance Month”
October 17-31 has now been proclaimed to be an entire month, courtesy of Trump.
“National Energy Dominance Month.” So typical of Trump: a bungled exercise in foolish bravado. The “bungled” part is that they forgot to designate October as a special month until it was halfway over. The “bravado” saturates almost every sentence, combined with the fact that the blustering has no practical effect. And the “foolish” part is about bad energy policy and bad economics. To expand supply, he needs higher prices, but that would hurt him politically. And there’s no reason to think foreigners would pay them.
CONTINUE READINGQuiet Climate Policy
Just because climate change isn’t salient for most voters doesn’t mean policy isn’t important
This Substack post from Matthew Yglesias on climate policy gets, I think two things right and one thing wrong. And getting those three components of climate policy correct is, I believe, important to long term, politically sustainable success in addressing climate change. First, as Yglesias correctly notes, climate change is not a priority for most …
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CONTINUE READINGLegal “Scholarship” and the Overproduction of Elites
What’s the point of writing about the Supreme Court when its only ideology is intellectual dishonesty?
Why do we even bother with this anymore? The New York Times breathlessly reports that the University of Virginia’s Caleb Nelson, a well-respected originalist scholar, has concluded that the “unitary executive theory,” long promoted by conservatives, is, well, bunk. “A bombshell!,” enthuses Will Baude of the University of Chicago, himself a well-respected originalist scholar – …
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CONTINUE READINGLighting Candles in Dark Times: Environmental Law Centers in the Trump Era
These law school centers show it’s possible find ways to make a difference.
Environmental law have become vibrant parts of the law and policy ecosystem. At a time when despondency seems all too common, the work of these law school centers offers beacons of hope for the future of environmental protection. Some of that work is playing defense — pushing back against deregulatory efforts — while other work plays offense by identifying innovative directions for environmental policy. A comprehensive survey isn’t practical, but I’ll provide examples from several different centers.
CONTINUE READINGRevoking Monuments?
Recent Justice Department memo on National Monuments argues for Presidential power to eliminate them entirely
National monuments were a major flashpoint for public lands management under the first Trump Administration, which dramatically shrank two national monuments in Utah. I think there was a broad expectation that the second Trump Administration would do the same, but for more monuments (including those designated under the Biden Administration), but so far not much …
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CONTINUE READINGArson Alone Does Not Explain the Palisades Fire
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
When federal prosecutors charged a man last week with intentionally starting a brushfire that was suppressed but smoldered and ultimately became the Palisades fire, arson became the focus of attention all week. The city’s after-action report about the fire was totally overshadowed by questions around the suspect. What was his motive? Is there strong evidence? …
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CONTINUE READINGLearning from the Laureates
The 2025 Economics Prize, Technological Innovation, and the Energy Transition
In energy technology as elsewhere, Trump is hobbling American science with budget cuts and demands for political submission. The epitome of his approach is the decision to give political appointees rather than experts the ultimate decision on each project, replacing scientific merit with politics as the deciding factor. His war on science is also a war on future economic growth. And his effort to halt creative destruction is the pathway to a stagnant economy. By trying to prop up an incumbent industry threatened by new technologies, he’s undercutting a central driver of economic growth.
CONTINUE READINGHow broad does Clean Water Act 401 certification sweep?
Recent disputes over infrastructure projects highlights the importance of the question
Another issue for ping-pong governance over the past few years has been certification under Section 401 of the Clean Water Act. For those of you who are not deep into the weeds of the Clean Water Act, Section 401 requires (a) federal agencies that are issuing licenses or permits that (b) result in discharges to …
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CONTINUE READINGA Rock and a Hard Place
Reform of hard rock mining law is important to both protect the environment and ensure we have access to critical minerals
One issue that has come up in recent permitting reform proposals, including the Bipartisan Problem Solvers Caucus proposal that I discussed recently, is how we regulate mining on federal lands. Much of the minerals production in the United States occurs on federal lands, and that includes much of the critical minerals such as rare earths …
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