Region: National
Democratic 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.
CONTINUE READINGHarming Species
The impact of repealing the ESA Section 9 prohibition on habitat destruction will be large for many endangered species.
As I posted last year, the Trump Administration is proposing to repeal an Endangered Species Act (ESA) regulation that limits destruction of habitat for listed species. Specifically, the proposal is to repeal the definition of “harm” in the regulations. That regulatory definition includes some forms of habitat destruction within the meaning of harm. And “harm” …
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CONTINUE READINGThe “God Squad” is Subject to a Lot of Limits. But I’m still worried.
Getting an exemption from the Endangered Species Act is normally difficult. But there’s a scary exception.
The Endangered Species Act Committee has been nicknamed the God Squad, on the theory that it holds the power of life and death over endangered species. It does the have the power to exempt from projects from the Endangered Species Act (ESA), although that’s not quite as ominous as it sounds. It’s understandable that many people freaked out when a Federal Register notice appeared announcing a meeting of the Committee relating to offshore drilling in the Gulf. We don’t have any specifics , What we do know is that the process is complex and cumbersome, and that there are important limits on the Committee’s discretion. There’s still reason to worry, however, because Pete Hegseth actually is the one with godlike powers over endangered species.
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