environmental politics
When and How to Oppose Fossil Fuels
The answer is clear: “It depends.”
There’s been a lot of talk about whether climate policy should focus on promoting clean energy or should push hard to limit fossil fuels. To some extent, these are two side of the same coin. Yet, the politics could be very different. The debate has been too simplistic. What stance to take about opposing fossil fuels depends on who you are and where you sit, which fossil fuel is involved, and what kind of regulation is at issue. The nuances matter here, and the stakes are huge.
CONTINUE READINGWho Will Control the Next Congress?
The election could be very close — or things could break hard for one party.
As we get closer to the election, there are no doubt surprises ahead. Still, we can get a sense of where things are heading based on current information. Who controls Congress will impact a lot of issues, including environment and energy. Even with a President as wilfull as Trump, Congress has significant levers to pull. I’ll take a look at the key races. At present things look very close.
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 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 READINGElection 2026: Three Months to Go
Gerrymandering has given House Republicans a boost, and the Senate leans toward the GOP, but it still promises to be a real horse race.
Given partisan polarization on climate change and other environmental issues, the composition of Congress makes a big impact. We’re three months from election day. This post scopes out what things look like now. Obviously, things will change between now and the election. It’s worth reflecting, however, on how it would impact policy if current trends …
Continue reading “Election 2026: Three Months to Go”
CONTINUE READINGBuilding Bridges Over Troubled Waters
There are environmental issues that span the partisan divide, even today.
It turns out that the solar industry has two allies in unlikely places: Trump stalwarts Kellyanne Conway and Katie Miller (the wife of Stephen Miller). This is a reminder that, even in an era of hyper-partisanship, it is sometimes possible to create alliances across the ideological gulf.Despite polarization, there are some environmental issues that can bridge the partisan gap. T Some issues, like climate change, have become deeply polarizing. We shouldn’t give up on those, but we should also pay attention to issues that have greater potential for reaching out to Trump supporters.
The 2026 Election: Six Months to Go
Here’s what things look like now, but a lot could change.
Six months is a long time in politics, especially in the Trump era. What we can say at this point is that, compared with last November, the landscape has shifted toward the Democrats. They would now be favored to win the House, although that’s not a certainty. Republicans still clearly have edge in winning the Senate, but it’s a smaller edge than it was six months ago. Control of the House would allow Democrats to block further anti-environmental legislation, open investigations into Trump’s rollbacks, and potentially bargain for some pro-environmental provisions. Control of the Senate, while less likely, would also allow them to block appointments of extremist anti-environmentalist judges and officials.
CONTINUE READINGLaunching OPERATION EPIC FURRY
It’s time to rename the Endangered Species Act.
Environmentalists need to do better. at marketing Consider the Endangered Species Act. That’s an accurate but uninspiring name. Where’s the pizzaz? Where’s the spark? And the acronym ESA is just lame.The aspects of the law that appeal most to the public are its protections of iconic creatures like polar bears and cute creatures like black-footed ferrets. Why not take a leaf from Trump’s book and rebrand? Make it big, bold, and appealing: EPIC FURRY. Sounds thrilling! It could stand for Endangered Prized Innocent Creatures Flourishing Under Real Regulatory Yodas. The title doesn’t mean anything, but has a nice Star Wars connection, which never hurt anyone’s marketing. And what regulator wouldn’t like to be compared with Yoda the Jedi Master?
CONTINUE READINGIn the Cross Hairs
The Right has taken umbrage at some of the important work of environmental law professors and centers.
The fossil fuel industry and its conservative allies seem to have taken notice of the important work done by environmental law centers. Their response is to try to repress this valuable work. This is a backhanded acknowledgement that law schools are making a difference.This campaign has targeted some of the law schools with the most prominent environmental law programs. Climate scientists have long been the target of harassment and public attack. It appears that people who work on climate policy are now also in the crosshairs. What we’re seeing lacks the drama of other attacks on free speech and academic freedom. But it is capable of being no less harmful. McCarthyism writ small is still McCarthyism.
CONTINUE READINGThe Top Ten Things to be Thankful for this Year
It’s been a horrible year for federal environmental law, but there are hopeful developments elsewhere.
This is, if not the winter of our discontent, at least the late autumn. In terms of federal environmental policy, 2025 has been a disaster. Trump’s previous term in office pales by comparison. But all is not gloomy. Outside of D.C., there have been encouraging developments within the U.S. and globally.
Here are ten of those positive developments.
Join Our Mailing List
Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.
The Drain is a roundup of climate and environmental news from Legal Planet delivered to your Inbox once a week.
