Region: National
The EPA Power Plant Rule Repeal Don’t Make No Sense
The Drain is a roundup of environmental and climate news from Legal Planet.
The hair-on-fire news this week was the Environmental Protection Agency announcing that it is repealing rules that limit planet-warming greenhouse gas emissions from power plants fueled by coal and fossil gas. I saw the headline (“EPA Poised to Repeal Carbon Rules for Coal, Gas Power Plants“) on Sunday evening, when Zahra Hirji, Jen Dlouhy, and …
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CONTINUE READINGThe Rise and Fall of an Energy Emergency
Frantic federal efforts to keep uneconomical coal plants from closing met their doom in a new court decision.
According to the Department of Energy, decrepit coal-fired power plants had to be kept open to avoid “unacceptable reliability risks within five years” unless something changed. You could be forgiven for thinking that calling this hypothetical situation an emergency was something of a stretch. The legality of the orders reached the D.C. Circuit in a Michigan case involving a coal plant that seemingly everyone except Trump wanted to close. The court found no basis for the order. The opinion avoids directly calling out the government’s abuse of power. Instead, it keeps focused on basic issues of statutory interpretation. The statute clearly didn’t give DOE anything like the authority to take over the power system that it was claiming.
CONTINUE READINGThe Dim Outlook for Trump Energy Dominance
About the best he can hope for in the long run is to maintain the status quo.
U.S. oil is seeing a future of declining U.S. and global demand for gasoline and diesel, with U.S. production also remaining stagnant. The future for natural gas production is looking rosier given increasing energy demand and possible growth in U.S. exports. From the perspective of the oil industry, this is probably an optimistic forecast. It assumes that there are no major advances in battery technology that would further accelerate adoption of EVs or sharp decreases in the price of solar. It also assumes that nuclear power doesn’t expand globally, and that other countries are willing to trust the U.S. as a source of a vital energy resources.
CONTINUE READINGThe Legal Planet Guide to Suncor Energy v. County Commissioners of Boulder County
UCLA Law experts explain everything you need to know about Suncor v. Boulder as the climate case heads to the U.S. Supreme Court.
LAST UPDATED SEPT. 30 The Supreme Court hears oral arguments on October 5, 2026 in Suncor Energy v. County Commissioners of Boulder County. The plaintiffs in this case are local governmental entities in the State of Colorado that face substantial and rising costs to mitigate the impacts of climate change in the form of heat …
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CONTINUE READINGWord on The Street
The Wall Street Journal’s news coverage of EVs is surprisingly positive.
You might expect the Wall Street Journal to take a dim view of electric vehicles, given the paper’s conservative slant. You’d be wrong. The Journal’s news coverage, which is less ideological than the opinion page, tells us something important. In a newspaper designed for businesspeople, electric vehicles are taken very seriously. That’s good news for the industry.
CONTINUE READINGThe National Security Scam
Just about everything gets labeled an emergency or national security threat these days. The courts may be starting to catch on.
The Trump Administration invokes national security and declares national emergencies to justify all manner of actions such as excusing violation of environmental laws. Past Administrations have gotten strong deference for their emergency claims. But this one may be quickly using up its credibility. You can pass a certain number of counterfeit bills, but a flood of counterfeits is hard to hide.
CONTINUE READINGStrictly Ballroom
How will the Supreme Court’s opinion impact environmental standing?
There’s a lot of concern about how the Supreme Court’s opinion in the ballroom case could impact environmental law. In the majority’s view, the problem was that the plaintiff lacked standing. The concern is that the Court may have cut back standing doctrine in a way that will block many environmental cases. You never know what the Court might do down the road, but I think the opinion itself is much more limited.
CONTINUE READINGMoving Environment Assessment Outside the Permit Process
Streamlining is good but shouldn’t become an excuse for just ignoring the environment.
I’m very sympathetic to arguments that we’re unable to build important infrastructure, whether housing or transmission, because we have too much red tape. There’s a real temptation, however, to throw out the environment a baby with the procedural bathwater. It’s hard not to suspect that sometimes that’s the point and permit reform is just an effort to avoid considering environmental harms. Be that as it may, it’s easy to embrace restrictions on environmental reviews without giving enough thought to what we may be losing – and how we might be able to get the best of both worlds. As Eric Biber has discussed in many of his posts, many proposed permit reforms are not well-designed to achieve their ends. A more fundamental problem is that we’re not always sure we’re addressing the right part of the problem.
CONTINUE READINGFour Tight House Races in California
None of these is a true toss-up, but they’re still very much in contention.
I can only see four California congressional districts where Republicans seems to have any reasonable chance (apart from those where Republicans have been packed as part of the gerrymander). They all lean at least slightly Democratic, but the Democrats are far from having these races locked down. I’ll start with the race that seems most in question and move to others that are tougher challenges for Republicans.
CONTINUE READINGThe Logical Next Step After Renaming Lake Ontario
How does the “National Oceanic and Manospheric Agency” sound?
Trump: The air resource is a tremendous asset to the United States and part of our Nation’s heritage The air has long been an integral asset to American exploration, settlement, commerce, and defense. American men pioneered air travel, starting with the Wright Brothers. Moreover, we have exploited the air’s ability to absorb carbon dioxide more than any other nation on earth. Under my Administration, the Secretary of Defense has taken steps to ensure the world’s highest testosterone levels for our great Air Force. I claim the manosphere for America.
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