Region: National
Roadless Rule Revisited
Rationale for revocation of the roadless rule does not add up
The roadless rule, promulgated in the Clinton Administration, but not free from litigation until the first term of the Obama Administration, set aside about 2% of the land area of the lower 48 United States from commercial development. It applies to roadless areas of National Forests, and prohibits commercial logging and road construction in those …
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CONTINUE READINGAnother Threat to Advocacy Groups
The new regulation on loan forgiveness bodes no one good.
A new Trump Administration rule restricts what organizations qualify as engaging in public service. Unless an employee qualifies, its employees won’t benefit from student loan forgiveness programs. That would cut into their workforce. On the face, the standard seems reasonable: organizations must “not engage in activities such that they have a substantial illegal purpose.” But when you dig beneath the surface, the whole rule turns out to be legally dubious and ideological to its core.
CONTINUE READINGThe Tariff Case & Environmental Law
The Court’s ruling could open doors legally for some future environmental actions.
In passing a new statute, is Congress endorsing judicial rulings under the old one? Do restrictions on the regulatory powers of administrative agencies apply to foreign affairs or Presidential actions? Can courts review a President’s emergency actions? The oral argument in the Trump tariff case will provide clues into the Justice’s thinking on these key issues. The ultimate decision will have implications on other topics like environmental law. Here’s a roadmap to the issues.
CONTINUE READINGAbundance politics and climate politics
Recent issue polling shows the similar challenges facing both climate and abundance politics
This week a study of the popularity of a wide range of issues among the American public came out – and created quite a stir. Most of the attention focused on the unpopularity of various Democratic positions on race and gender identity issues. But here I want to highlight the results in two areas I’ve …
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CONTINUE READINGThe 2026 Election: Through a Glass, Darkly
Here’s what things look like now, but a lot could change.
We’re now one year from Election Day. Because of polarization, environmental policy is closely tied to political party. With that in mind, I’ve been providing election information for about the past ten years. I don’t claim any expertise. My predictions are based on two well-established political websites, Cook and Sabato. Given all that’s happening, the situation will surely shift in the next year, but here’s what things look like right now. Obviously, it’s early days. The Democrats will need to get some luster back on their brand and see some tarnishing of Trump’s if they’re to prevail.
CONTINUE READINGA start on feasible permitting reform
A proposal from the National Governors’ Association is narrow and focused, and that’s good
I’ve written recently about the difficult politics of permitting reform at the federal level. But that doesn’t mean that there isn’t important work to be done. It does mean that successful proposals will have to be, as I wrote, low salience, thoughtful, and unlikely to provoke polarization. The National Governors’ Association has just come out …
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CONTINUE READINGWill Technology Save Us? It Might Have To
Battery innovations provide at least some source for hope despite the Trump Administration’s war on renewable energy
There is little good out there, but it was nice to see this graphic recently. It’s a graphic of the daily energy usage in California broken down by source and by time period, according to the California Independent System Operator. That’s why you can see the yellow-gold area, representing solar capacity, expand during the daytime …
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CONTINUE READINGHalloween Hacks for a Warming Planet
Pretty or scary or brave? There’s a climate costume to suit all tastes and all ages.
Children will be roaming the streets tonight dressed as Superheroes, Princesses, and Evil Villains. But really, these invented figures can’t hold a candle to the real ones in our world. Here are some new custumes, suitable for a world facing a climate crisis.
CONTINUE READINGWhat Went Wrong with News Coverage of the LA Fires
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
When disaster strikes your town, you rely on journalists to help explain what happened and why. Last January, many of us in Los Angeles turned to The LA Times as unusual firestorms kicked up and ultimately destroyed parts of Altadena and Pacific Palisades. The LAT’s journalists and photojournalists did incredible coverage from lots of angles, …
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CONTINUE READINGEnvironmental Groups and the New McCarthyism
The Administration’s search for a vast leftwing conspiracy could ensnare some environmental groups.
The White House’s reference to a “vast network” rings a historical bell. A speaker seventy years ago decried “a conspiracy on a scale so immense as to dwarf any previous such venture in the history of man.” That speaker was Joe McCarthy. Environmental groups weren’t active during his time, but does anyone doubt that they would have been on his hit list?
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