Region: National
Nightmare on Penn Ave (Part 2)
After a year of Trump 2.0, here’s how things stand.
Eight years ago almost to the day, I wrote a post titled, “One Year and Counting.” I was writing at the end of Trump’s first year in office. And here we are again, one year into a second Trump Administration. Trump’s basically deregulatory strategy has remained largely unchanged. But there are some notable differences in the situations then and now. I closed my 2017 post with this: “One characteristic of the Trump Administration is a ceaseless stream of controversies and dramas. But generally speaking, the amount of actual legal change has been much more limited, because the system is designed to provide checks on administrative and legislative action.” It remains to be seen how well those checks will function this time around.
CONTINUE READINGSEQRA Reform
No, not CEQA, SEQRA. New York appears to be following California’s lead in overhauling state-level environmental review.
New York Governor Hochul this week proposed amendments to New York’s State Environmental Quality Review Act (SEQRA). The press release has a breathless title: “Let Them Build.” But the proposal itself appears to be very similar to what California just enacted. Housing projects in already developed areas, along with some other similar projects, such as …
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CONTINUE READINGCreating Lease Certainty
There are some steps Congress could take to increase certainty for energy leases on federal lands, but there will be tradeoffs.
As my prior two posts noted, there are substantial legal authorities that allow an executive to suspend or cancel leases for energy development. In the case of on-shore leases, that power might be extremely broad. And with an Administration that appears to use its powers to pursue political grudges and to push the envelope on …
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CONTINUE READINGCanceling Onshore Leases
The executive may have broad authority to cancel onshore leases, perhaps even without compensation. Congress might want to fix that.
My last post covered the likely power that the Administration has to cancel off-shore leases for wind projects – a power that it probably has, if it was to ever get its act together. But even though the Administration has not yet used it, I think it probably has even broader power to cancel leases …
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CONTINUE READINGCan They Do That?
The feds probably do ultimately have the authority to shut down offshore wind farms – if they ever get their act together.
This week, three different offshore wind projects that were targeted with shutdown orders by the Trump Administration won preliminary injunctions against those orders. Those lawsuits are in response to a blanket order in December from the Trump Administration, issuing stop work orders to all off-shore wind projects in the United States. (For some projects, this …
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CONTINUE READINGWait — WHAT??
Science funding has been spared the worst cuts for now, but don’t believe the hype — and know that the White House has more tricks up its sleeve.
The topline headlines look great: CNN: Trump wants to slash funding for federal climate and weather research. Congress is about to tell him ‘No’ Reuters: US Senate passes bill to boost federal science spending after White House sought major cuts NBC: Congress passes bill to fund U.S. science agencies, rebuffing Trump’s requested cuts And there …
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CONTINUE READINGMAHA’s Evidence-Free Health Policy
No matter how good your intentions, ignoring the evidence is a recipe for disaster.
It seems plain that key health agencies are now in the hands of earnest, well-meaning people who, unfortunately, don’t know what they’re talking about. For example, the CDC’s advisory committee on vaccines is largely composed of anti-vaxxers. When the committee recently decided to eliminate a recommendation for Hepatitis B vaccines, none of the speakers who addressed the committee, and no one on the task force assigned to investigate the question, was an expert on the disease.
CONTINUE READINGBig Decisions to Come in 2026
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
I spent much of 2024 warning about the nihilistic goals of Project 2025 and then spent 2025 watching a lot of it come true. Our collective project for 2026 is to settle on solid alternatives to MAGA and decide on candidates. Luckily, last year also brought a growing resistance movement, lots of litigation, and unpopularity …
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CONTINUE READINGIs This the End of Cost-Benefit Analysis?
Trump’s EPA is effectively abandoning economic analysis
Maybe the Administration means to keep cost-benefit analysis in place for some other kinds of regulations at EPA or elsewhere. But if the courts uphold the EPA’s refusal to quantify the enormous harms caused by air pollution, it’s hard to see an argument for quantifying many other regulatory benefits. In other settings, environmentalists might applaud the repeal of cost-benefit analysis. In the current setting, however, the purpose is all too plain: to make it easier for the Administration to ignore the ways it is endangering human life and health.
CONTINUE READINGA Procedural Snarl in the Oil Patch
Can oil companies use World War II contracts to vault from state to federal court in cases about present-day coastal damage?
As a matter of common sense, however, it’s hard to see why oil production activities that would not otherwise be considered “federal” should change their statute because the producers also happen to own refineries — especially since in some instances it appears that all the oil from one of their fields might be going to a different refinery anyway. But textualist judges aren’t necessarily attended to common sense.
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