Energy
One Year of Energy Emergencies
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
This past Tuesday — on the one-year anniversary of Donald Trump taking office and immediately declaring a national energy emergency — the new governor of New Jersey took office and immediately declared a state energy emergency. But these two approaches to executive action on energy couldn’t be more different and the results will help define …
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CONTINUE READINGAnother White House Power Grab: PJM
Why emergency power auctions for the AI overlords will do little to reduce electricity prices.
Fresh on the heels of the White House takeover of Venezuela and its “uninvestable” oil sector, President Trump, Energy Secretary Chris Wright, and the rest of the National Energy Dominance Council have turned their sights on the largest wholesale electricity market in the United States – PJM. Their concern is high prices, which continue to …
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CONTINUE READINGNightmare on Penn Ave (Part 2)
After a year of Trump 2.0, here’s how things stand.
Eight years ago almost to the day, I wrote a post titled, “One Year and Counting.” I was writing at the end of Trump’s first year in office. And here we are again, one year into a second Trump Administration. Trump’s basically deregulatory strategy has remained largely unchanged. But there are some notable differences in the situations then and now. I closed my 2017 post with this: “One characteristic of the Trump Administration is a ceaseless stream of controversies and dramas. But generally speaking, the amount of actual legal change has been much more limited, because the system is designed to provide checks on administrative and legislative action.” It remains to be seen how well those checks will function this time around.
CONTINUE READINGA Procedural Snarl in the Oil Patch
Can oil companies use World War II contracts to vault from state to federal court in cases about present-day coastal damage?
As a matter of common sense, however, it’s hard to see why oil production activities that would not otherwise be considered “federal” should change their statute because the producers also happen to own refineries — especially since in some instances it appears that all the oil from one of their fields might be going to a different refinery anyway. But textualist judges aren’t necessarily attended to common sense.
CONTINUE READINGPoisoning the well
Trump Administration “pause” on offshore wind projects undermines prospect of permitting deal
Yesterday, the Trump Administration announced that it was “pausing” construction for the five major offshore wind projects on the East Coast, based on “national security” grounds – because of the possibility that wind turbines can interfere with radar operations. This announcement is, to say the least, not helpful for current permitting reform discussions. It emphasizes …
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CONTINUE READINGOne Big Energy Idea for the Next Governor
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
If the candidates running to be California’s next governor want a prepackaged idea for how to reduce pollution while making energy more affordable in 2026, here’s one that has been hiding in plain sight. Make a modernization plan to direct money for electrification that is currently being diverted unnecessarily into aging gas infrastructure. But don’t …
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CONTINUE READINGCalifornia Must Go Big to Save Big
A new Emmett Institute report shows how California can shift existing infrastructure spending from gas to electric to make homes and energy more affordable.
By Guest Contributor Craig Segall. California can still build big things – and in a new report today, my Emmett Institute co-authors, Denise Grab and Brennon Mendez, and I call for policymakers to think big on our energy system too. The headline: Tens of billions of dollars, annually, are available to make our homes cleaner …
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CONTINUE READINGThe Answers are Blowing in the Wind
A district court overturns the moratorium on offshore wind, deciding two key legal issues along the way.
The Trump Administration advanced two far-reaching arguments in this case. One is that, when the President directs how an agency should exercise its statutory authority, normal limits on agency action don’t apply. The other is that, even if an agency action is illegal, it must remain in effect against everyone in the world except the plaintiffs who challenged it in a specific case. We can expect the government to keep pressing these points, up to and including Supreme Court review. But the district court in the offshore wind case, along with other lower courts, correctly rejected these arguments.
CONTINUE READINGMaking the Most of Data Centers
Photo: chaddavis.photography
Data centers are driving energy demand at unbelievable scale. Regulators should use that to build infrastructure we desperately need.
If you’d asked me three years ago, I would never have guessed energy bills would be a salient political issue in 2025, let alone one that politicians anchor their entire campaign around. But of course, the cost of energy is quite different today than it was a few years ago. Electricity prices have increased faster than (already-high) inflation since 2022, leaving ratepayers on the hook for ever steeper …
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CONTINUE READINGTrump is Trying to Make Us Pay More for Gas
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
At a White House photo op last week, surrounded by rich auto executives and congressional Republicans, Trump delivered his latest blow to Americans’ pocketbooks by announcing a policy change that could cost us consumers up to $185 billion when filling up our tanks at the pump. If you’re scratching your head trying to recall this …
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