Region: National
Judicial Review of the Hegseth Gambit
Hegseth and the “God Squad” may have just stepped into a morass.
As expected, the Endangered Species Committee issued a blanket exemption, preventing any challenges to oil and gas drilling in the Gulf that threaten endangered species. Hegseth’s request for the exemption is premised on the existing (but possibly insufficient) protections that the government is currently giving endangered species. Thus, it’s not quite a license for Exxon to send out harpoon boats to kill off whales. It does, however, raise the suspicion that the current protections are grossly inadequate and that the government expected to lose in court, before in effect breaking the glass and pulling the red emergency lever.
CONTINUE READINGThe Path to Abundance, Part IV
Abundance reforms may not produce immediate political benefits, and may see significant backlash
This is the fourth post in a series of six posts. The first post is here. The second post is here. The third post is here. As I discussed in my last blog post, abundance policy reforms will necessarily require tradeoffs, which leads us to politics. Will the political context allow for making decisions about …
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CONTINUE READINGDemocratic Governors and the A-word
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The governors and legislative leaders of several blue states on the East Coast are obsessed with the A-word: affordability. So much so that several of them are looking to pull money away from state programs that boost renewable energy and energy efficiency, as a shortcut to try to lower electricity costs. In Maryland, Rhode Island, …
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CONTINUE READINGThe Path to Abundance, Part III
Abundance reforms will pose difficult tradeoffs, including with environmental goals and public participation
This is the third post in a series of six posts. The first post is here. The second post is here. The reforms that abundance advocates have proposed are varied, in part because they target a wide range of policy areas. I will begin with housing as an example of the reforms being proposed – …
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CONTINUE READINGThe Path to Abundance, Part II
Reducing legal and procedural obstacles to development is a necessary, but probably not sufficient, solution
This is the second post in a series of six posts. The first post is here. As I explained in my prior post, the United States (and indeed other countries) has not produced the level of infrastructure for housing or energy required to address housing demand, demand for energy to advance economic development, the needed …
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CONTINUE READINGThe War and the Energy Transition
The Iran War it is hitting energy markets hard. Will that affect the energy transition?
The Iran War has been a big shock to the global energy system. It’s natural to wonder what the long terms will be. What it will lead to an orgy of oil and gas drilling, or will it speed up the energy transition? There are enormous uncertainties, and making confident predictions would be a clear mistake. In this post, I’ll try to unpack some of the issues and offer a semi-educated gas about the answers.
The Path to Abundance, Part I
Exploring the legal, policy, and political challenges for the abundance movement.
The abundance movement is having a moment. Abundance policy reformers call for legal and policy reforms to advance more housing, energy, and other infrastructure. Abundance advocacy has motivated a Yes In My Backyard (YIMBY) movement that has pushed for major changes to local land-use regulation to build more housing in states across the country. One …
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CONTINUE READINGChallenging Hegseth’s National Security Gambit
Hegseth may not have as much power as he thinks to run roughshod over the Endangered Species Act.
According to a DOJ filing, “[o]n March 13, 2026, the Secretary of War notified the Secretary of the Interior that the Secretary of War found it necessary for reasons of national security to exempt from the ESA’s requirements all Gulf of America oil and gas exploration and development activities.” It’s difficult but not impossible to challenge the government on issues of national security. Hegseth’s demand for an exemption to allow oil companies to destroy endangered species is a bold, aggressive move, much like the decision to go to war against Iran. As with the war itself, however, the legal and political aftermath may prove a lot messier than the Administration is anticipating. Here are some possible arguments that could potentially limit Hegseth’s powers.
CONTINUE READINGPolicy Implications of Accelerating Warming
If warming is coming more quickly, we need to pick up the pace on policy responses.
There seems to be an emerging scientific consensus that the rate of global warming is rising. After screening out the effects of natural factors like El Niño, scientists have concluded that the pace of warming has roughly doubled since the 1970s. What does this tell us about policy? Some of the implications are more obvious than others, and at least one implication may be unsettling for some climate advocates. Most obviously, we need to accelerate our efforts to carbon emissions. We will be closing in on possible tipping points faster than expected. Climate impacts that we might have expected twenty years from now could hit in half that time.
CONTINUE READINGThe Environment is a System, Not an Array.
In 1969, Barry Commoner summed up much of environmental science in six words. Today’s conservatives don’t get it.
People have an intuitive tendency to focus on an action’s immediate direct effects. The same intuition leads us to downplay effects that are indirect, long-range, and cumulative. This can lead us astray, as it has the Supreme Court, when dealing with impacts on environmental systems. Writing at the outset of the modern environmental world, biologist Barry Commoner tried to crystalize what was known about the environment into four crisply phrased laws. The first law read simply: “Everything is connected to everything else.” What we have learned since Commoner published The Closing Circle in 1969 has only confirmed that insight.
This interconnected means that the environment is a system (really, a nested set of systems), where interactions are paramount. It’s not just an array of different things happening independently in different places or times. That’s true, as we’ve learned, not only of the environment but the global economy to which it is linked and of the geopolitical realm linked to that.
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