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ESA

Unpacking the Senate Permitting Reform Bill: ESA

Changes to the Endangered Species Act are limited in scope

This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the Endangered Species Act provisions in Title III. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water …

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A quick overview of the Senate permitting reform bill

Senate bill has major changes for NEPA, some changes for Clean Water Act

The bipartisan permitting reform bill – at least the Senate version – is out. You can see it here. My initial take on the bill is below, and I hope to do some more detailed examination of specific provisions soon. My focus will be on the environmental law side, not the transmission side, since that …

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The end of endangered species habitat protections in California?

Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.

California likes to portray itself as an environmental leader, and in many ways it is. But in the context of one of the most important areas of environmental law – protecting endangered species – California is on the verge of eliminating most of its protections for the habitat of endangered species. That is the result …

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A Better Approach to Wildfire on Public Lands

Why our proposal improves on Fix Our Forests.

This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. This is the seventh in a series of blog posts on our proposal to reform wildfire law in the United States. The first post is here. The second post is here. The …

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Wildfire and National Forests

Reforming federal forest management to address wildfire

This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. This is the third in a series of blog posts on our proposal to reform wildfire law in the United States. The first post is here. The second post is here. Federally …

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Trying to Create Permit Certainty

A new permitting reform bill does a good job of managing tradeoffs for a difficult problem

Last month two Senators proposed another permitting reform bill, the FREEDOM Act. This is a revised version of a bill that was introduced in the House earlier this year, which I wrote about before. (And yes, if you are having trouble keeping up with all the permitting reform bills floating around, you are not alone.) …

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Fixing Fix Our Forests

The emergency provisions of Fix Our Forests are a key weakness in the bill

The permitting reform bill that has made the most progress through Congress is the Fix Our Forests Act, which I’ve written about here, here, and here. And as I’ve written before, fixing fire management on federal lands should be a top priority for any reforms. I’m not sure that the model of Fix Our Forests …

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Take Two

Trump Administration reasoning around the definition of take appears contradictory

I’ve written before about how the Trump Administration is proposing to eliminate the definition of “harm” in the Endangered Species Act (ESA) regulations – an action that could remove protections for endangered species from habitat modification. The main justification that the Administration is relying upon in the proposal is a claim that the best interpretation …

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A Way Forward?

Reducing the Number of Decisions Could Accelerate Fire Management

This is the third of a series of three posts on how to do more to reduce fire risks on federal lands. The first post is here, the second post is here. In addressing the increasing risks of wildfire, we certainly need to scale up the resources we apply to the problem, doing more prescribed …

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Fire and Permitting Reform

Addressing the difficult parts, regulation and litigation

This is the second of three posts on proposed legislation to address the fire crisis on federal lands (the first post is here). Last post, I talked about why this legislation is essential, and the strengths of the bill that the House passed last Congress. In this post, I’ll talk about the parts of the …

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A quick overview of the Senate permitting reform bill

Senate bill has major changes for NEPA, some changes for Clean Water Act

Improving permitting reform

Suggestions to make the permitting reform bill work better and avoid unintended results

NEPA Remedies Revisited

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

A Major Problem with “Permit Certainty”

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

These 3 Numbers Explain Earth System Interventions in 2026

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

Our Information Ecosystem is Toxic. But We Can Clean It Up

The Drain is a roundup of environmental and climate news from Legal Planet.

Unpacking the Senate Permitting Reform Bill: NEPA

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

Opening Shots in a War on Doctors

What began as a war on science has now reached your kid’s doctor.

The Other Big Environmental Case at the Supreme Court

Guest contributor Clifford Villa writes that Dept. of the Air Force v. Prutehi Guahan, which will be argued Wednesday, raises profound questions for democracy and environmental justice.

The Arguments We Did and Didn’t Hear in Suncor v. Boulder

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

ESA

Changes to the Endangered Species Act are limited in scope

Senate bill has major changes for NEPA, some changes for Clean Water Act

Not quite, but the combination of the Trump Admin and Prop 45 will drastically reduce protections.

Why our proposal improves on Fix Our Forests.

Reforming federal forest management to address wildfire

A new permitting reform bill does a good job of managing tradeoffs for a difficult problem

The emergency provisions of Fix Our Forests are a key weakness in the bill

Trump Administration reasoning around the definition of take appears contradictory

Reducing the Number of Decisions Could Accelerate Fire Management

Addressing the difficult parts, regulation and litigation

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.

TRENDING

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Trump Administration once again proves shortsighted and spiteful.

Part of it is a move in the right direction. But one provision raises serious questions.

Bill attempts to draw on discrimination law to address disparate treatment for permits, but provision has problems

The Drain is a roundup of environmental and climate news from Legal Planet.

Permit certainty provisions are problematic and unclear in their scope

Changes to the Endangered Species Act are limited in scope

Senate bill has major changes for NEPA, some changes for Clean Water Act

Suggestions to make the permitting reform bill work better and avoid unintended results

Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.

The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law

Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.

The Drain is a roundup of environmental and climate news from Legal Planet.

NEPA provisions are substantial in their changes, but (mostly) leave the core of the Act in place

What began as a war on science has now reached your kid’s doctor.

Guest contributor Clifford Villa writes that Dept. of the Air Force v. Prutehi Guahan, which will be argued Wednesday, raises profound questions for democracy and environmental justice.

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.