Region: National
What does ‘Drill, Baby, Drill’ Mean in California?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A court fight over oil drilling off the coast of Refugio State Beach near Santa Barbara. Proposals to drill around public schools in Ojai and Los Osos. The potential for oil operations directly adjacent to popular national monuments. New risks to our ecosystems that sustain imperiled species like the California condor. This is what “Drill, …
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CONTINUE READINGWhen Did Property Rights Drop Off the Conservative Agenda?
Property used to be a central conservative concern. Not so much these days.
One of the pillars of conservative thought used to be protection of property rights. But along with belief in free markets, it now seems to have lost its place of pride. The word “property” doesn’t even appear in the 2024 Republican platform. And I can’t remember Trump ever speaking about property rights.
CONTINUE READINGTrump’s Funniest Executive Orders
Yes, they’re destructive and often cruel. But sometimes, they’re also unintentionally funny.
Imagine some later historian flipping through the pages of the Federal Register and coming upon Executive Order 14264, “Maintaining Acceptable Water Pressure in Showerhead.” Think of it: he went to incredible lengths to attain the ultimate power, and this is what Trump does with it. Or there’s the one where he aims the full might of the U.S. government at the goal of “Ending Procurement and Forced Use of Paper Straws.” Who says Americans can’t dream big anymore?
CONTINUE READINGWhy is EPA at War with Its Own Employees?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
While many of us prepared to celebrate Independence Day last week, a group of employees from the Environmental Protection Agency were bravely speaking out about what they see as their boss “recklessly undermining the EPA mission” of protecting human health and the environment. In a now-infamous letter sent to EPA Administrator Lee Zeldin, hundreds of …
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CONTINUE READINGShortchanging the Environment While Making NEPA More Chaotic
Trump replaced a coherent set of rules governing the executive branch with a welter of agency-specific regulations.
In one of Trump’s first executive orders, he eliminated a centralized system that Jimmy Carter initially set up to issue regulations governing environmental impact statements. Instead, he called on each agency to issue its own regulations, which seems to have caused the predictable amount of confusion. There seems to be little rhyme or reason in the variations
CONTINUE READINGJefferson, Adams, and the Environment
The Founding Fathers were more environmentally aware than we give them credit for. Woke, even.
These writings don’t prove that either Jefferson or Adams was an “environmentalist” in the modern sense. But they do show an attitude toward nature that modern environmentalists would recognize. It wasn’t until the end of the 19th Century that the Sierra Club was founded, and environmentalism didn’t become a national force until the 1960s. But we tend to overlook just how deep the roots of environmentalism go in American history.
In that sense, environmentalism is as American as the Fourth of July.
Does the Law Require Cost-Benefit Analysis?
According to the D.C. Circuit, the answer is no.
Putting aside the particulars of the case, it seems wrong to apply the same standard (monetized cost-benefit analysis) to every provision in environmental law. These provisions have different language, reflecting differences in congressional priorities. Some provisions, for instance, may be designed push industry to find innovative solutions; others may reflect Congress’s value judgments or a desire to limit EPA’s discretion. We shouldn’t assume that the myriad differences in statutory language are irrelevant and that Congress wanted agencies to adopt the same method of making decisions in every case.
CONTINUE READINGA Pale Echo of the Sagebrush Rebellion
The latest failed effort at privatization of federal lands shows the modern political weakness of land transfer movements
Republican Utah Senator Lee’s effort to sell significant amounts of federal land through the reconciliation bill is dead – he withdrew his proposal last week. I want to contrast the modern efforts at privatization with another era of calls for transfer of federal lands, the Sagebrush Rebellion of the 1970s. Like Senator Lee’s effort, as …
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CONTINUE READINGA Very Bad House Vehicle Pollution Bill
The Fuel Emissions Freedom Act may be a stunt, but it’s worth examining
It can be hard to keep track amid all the hair-raising developments in Congress and at the Supreme Court, but last week, a group of House Republicans led by Roger Williams of Texas introduced the Fuel Emissions Freedom Act, hot on the heels of the purported (illegal) termination of California’s vehicle emissions standard waiver. This freedom-to-pollute …
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CONTINUE READINGDon’t Panic About the Supreme Court’s Ruling on Universal Injunctions
The Court left open a variety of workarounds. At least for the now.
In a case involving birthright citizenship, Trump v. CASA, the Court limited the power of judges to issue universal injunctions that protect everyone subject to an illegal government policy. President Trump hailed this outcome as a great victory, and it does provide more maneuvering room for him and future presidents. But the Court’s reasoning does not implicate most judicial rulings about the legality of regulations. The Court also left open some important questions that will be furiously litigated in the lower courts or the Supreme Court itself.
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