Region: National
Election 2026: Governor’s Races
Some key races are still too close to call.
When election night rolls around about a month from now, keep on eye on Governors’ races. They tend not to get national attention, but they’re critical in terms of state climate and energy policy. Although governorships were once considered relatively weak offices, they have generally accrued greater power, just as Presidents have done at the federal level. Who’s steering state government matters. States are key players in the energy transition. Some of these races will go down to the wire.
CONTINUE READINGI Skipped NY Climate Week and Read These Books Instead
The Drain is a roundup of environmental and climate news from Legal Planet.
Climate World descended on New York City this week for the annual mad dash of panel discussions, press briefings, newsmaker interviews, influencer gatherings, and sponsored parties that is NY Climate Week, but I stayed home and read books instead. To be more specific, I went to my local bookstore (Village Well in Culver City!) …
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CONTINUE READING“National Security” is Becoming a Punch Line
Whenever he wants to roll back environmental protections, Trump cooks up a new national security justification.
A recent NY Times article recounts how often President Trump has invoked national security. It earnestly dissects his latest and most absurd claim: that the Arc deTrump he wanted to build will be filled with snipers, ammunition, and drones. It turns out that the snipers would be in an excellent position to shoot out the crosses in Arlington National Cemetery but not to protect anything of strategic importance. The environment has been one of Trump’s most fertile grounds for pretextual national security claims.
CONTINUE READINGMontana’s Human Experiment with Untested Drugs
The state has decided to allow experimental drugs to be used on anyone who can pay for them.
Montana has opened a channel for drugs to be sold without the normal requirements of testing for effectiveness and side effects.
CONTINUE READINGYa Gotta Read The Syllabus!!
A new study reveals the pervasiveness of academic groupthink — with warnings for environmental scholars
One of the most frustrating aspects about the debate over the degree to which “Wokeness” (never defined) has taken over the Academy (or not) is that it relies almost exclusively on anecdotes. Someone says or writes something ridiculous; someone else is fired for saying or writing something ridiculous (or often not ridiculous). It is very …
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CONTINUE READINGWhat Explains Trump’s Energy Policy?
There’s no plausible economic explanation. It’s all about politics.
Trump’s energy policy rests on promotion of U.S. fossil fuel production and use. The instruments include orders forcing coal-fired generators to keep operating, relaxed air pollution standards for power plants, and repeal of as many energy efficiency standards as possible. Trump’s overall economic policy centers on mercantilism, the belief that countries get rich by exporting more than they import. That fits pieces of his energy policy but not others. There’s also some rhetoric about free choice by consumers, but Trump clearly is not a believer in free markets as a matter of principle.
CONTINUE READINGThe Polluter-Pays Principle and Its Enemies
An essay by Alejandro Camacho and Robert L. Glicksman on corporate fraud, weaponizing preemption, and the survival of climate accountability.
This post by Alejandro Camacho and Robert L. Glicksman is an excerpt from an article first published in the University of Chicago Law Review. On the morning of December 30, 2021, the Marshall Fire ignited in Boulder County, Colorado. Driven by hurricane-force winds and fueled by vegetation desiccated by years of drought, it burned more than six …
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CONTINUE READINGThe 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.
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