An Encouraging Signal About Federal Preemption
A new Supreme Court ruling should help states defend their climate laws.
The Trump Administration and its allies are attacking state climate laws with challenges based on preemption, arguing that federal law trumps state powers. A new Supreme Court ruling signals that the Court respects state prerogatives and isn’t willing to find preemption without a clear basis in a federal statute. Although the facts of the case are remote from environmental law, the Court’s attitude toward preemption has broader relevance. The preemption claim in t...
CONTINUE READINGThe Story of California’s Advanced Clean Trucks Regulation
New CLEE report & webinar tells the story of this first-of-its-kind supply-side regulation for zero-emission trucks
California has been a global pioneer on electric vehicles, and that leadership extends to zero-emission trucks. To address the pollution and disproportionate impacts on disadvantaged communities, the California Air Resources Board (CARB) adopted the first-of-its-kind Advanced Clean Trucks (ACT) regulation in 2020. This landmark standard required truckmakers to begin selling zero-emission versions (such as battery electric or hydrogen fuel cell models) starting in 2024, w...
CONTINUE READINGBending Under Pressure
Every now and then, the Trump Administration shows signs of reluctantly giving in to reality.
The Trump Administration’s basic stance has been to pursue ideological purity at all costs, beginning with the “shock and awe” campaign of the first year. Don’t expect miracles, but there are at least a few signs that the Administration is tempering that strategy. It’s a bit comforting to see indications that reality is slowly sinking in. It’s also evidence that resistance to Trump policies isn’t futile. Any trend toward saner policies is likely to b...
CONTINUE READINGCan Sustainability Be Abundant, Safe, and Affordable?
Read and watch key takeaways from the UCLA Emmett Institute’s 2026 symposium on climate policy and affordability.
This month, the UCLA Emmett Institute explored the intersection of climate goals, affordability concerns, and environmental protections by hosting a symposium titled “Can Abundance Be Sustainable?” The all-day, public event at UCLA School of Law brought together academics, community advocates, policymakers, journalists, students and—not one but two—heads of utility regulatory bodies. The goal was to think deeply about the path forward for ambitious cl...
CONTINUE READINGOn the Bleakest Earth Day, Trust the Undercurrent of Resistance
The first Earth Day succeeded because of a decade of preparatory work. Here are the lessons for us in 2026.
The 56th Earth Day may also be the bleakest. Wave upon wave is crashing upon our system of ecological protections. But having spent years studying the full sweep of American environmental legal history, we can say with confidence: the bigger the wave, the stronger the undercurrent. First, at a time when advocates for the environment feel outnumbered and isolated, let’s remember that most Americans care deeply about the environment and want their government to do...
CONTINUE READINGBest Climate Anthem? Here’s Your Earth Day Playlist
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Three years ago, I made the case that Taylor Swift should write a climate anthem because movements need their own music. It hasn’t happened yet. But if you dig a little deeper than the Billboard Hot 100, there are songwriters today who include environmental messages in their music and they follow in the footsteps of pioneers from the last century like Joni Mitchell and Marvin Gaye. That’s why I’ve been listing a “song of the week” for every edition of ...
CONTINUE READINGUnderstanding the Energy Dominance Agenda
What does this key concept in Trump’s energy policy actually mean?
The term “energy dominance” gained currency in Trump's first Term. It’s now a cornerstone of the Administration’s energy policy. It’s the motivation behind deregulating fossil fuel production and use, as exemplified by Trump’s Day One executive order on “Unleashing American Energy.” It’s also the rationale for suppressing alternative sources of energy like renewables. And it's the major justification given for US subjugation of Venezuela. What does th...
CONTINUE READINGCalifornia’s Gas System Is Crumbling. SB 1359 Charts a Path to a Clean Energy Future.
SB 1359 (Stern, 2026) would adopt many of the proposed policies outlined in the 2025 UCLA Law report, “Go Big, Save Big: Approaches to Fund Building Electrification in California.”
A new bill introduced by Sen. Henry Stern, SB 1359 (2026), titled the “Gas Transition Responsibility and Electrification Act,” would establish a comprehensive framework to manage the transition away from natural gas and toward electrification in a way that protects ratepayers, reduces emissions, and ensures an orderly and equitable phase-down of gas infrastructure. Specifically, SB 1359 would direct the California Public Utilities Commission (CPUC) to align gas s...
CONTINUE READINGTrump’s Slump
The Trump regime is losing ground, creating new policy opportunities.
After its initial successes in attacking liberal institutions and policies, the Trump regime has now run into serious headwinds. The midterm elections are looking increasingly favorable for Democrats, who are now clearly favored to control the House and have a real chance of flipping the Senate. The Iran War seems likely to continue for weeks with little to show for the economic pain. The overhyped effort to bring back manufacturing jobs is a bust, despite tariffs an...
CONTINUE READINGCommunity Benefits Aren’t Impossible – They Just Take Work
A statewide strategy by the California Coastal Commission and a fisheries working group provides a model for community benefits on infrastructure and other projects
For California is to reach its climate goals, including a target of net zero GHG emissions by 2045, a variety of private- and public-sector approaches are necessary; among them is the construction and permitting of numerous clean energy infrastructure projects, such as offshore wind developments, which will play a key role in balancing the state’s clean energy portfolio by producing clean power at night and during the winter when solar output is low or zero. While r...
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