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federal preemption

How States Can Defend Themselves Against Trump

States have a number of tools for protecting their own environments from the Feds.

Suppose the Trump Administration launches environmentally harmful projects in a state or wants to allow more pollution there than the state wants. Does the state have any possible recourse? The answer is yes, although states’s defenses have their limitations. There are a number of mechanisms states can use to defend their own environments, if not the …

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What Does a Trump Presidency Portend for California’s Environmental Policies?

Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations

Sensing political storm clouds ahead, California Governor Jerry Brown yesterday issued a statement on the presidential election results that concludes: “We will protect the precious rights of our people and continue to confront the existential threat of our time–devastating climate change.” Several of my Legal Planet colleagues have recently posted thoughtful commentary on what Donald Trump’s …

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The California Supreme Court’s Unprecedented Focus on Environmental Law

California’s Highest Court Has Far More Environmental Cases Pending Than Ever Before in Its History

The California Supreme Court, perhaps the most influential state supreme court in the nation, has of late become unusually and intensely focused on environmental law. More than ever before in its history, the California Supreme Court currently has before it a large docket of environmental cases that, individually and collectively, promise to alter the legal …

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CPUC Should Set a Date for Closing Aliso Canyon

A proposed decision on the gas facility gives too much deference to SoCalGas regarding the future of gas demand and misses an opportunity to set a clear mandate.

NEPA and Loper Deference (Part II)

Guest contributor Justin Pidot outlines what losing CEQ’s NEPA authority means for interagency coordination and efficiency.

New This Thanksgiving: Toxic Turkey

Losing the farm to PFAS, or losing PFAS on the farm?

The Multiple Goals of Climate Policy

Effective climate policy requires consideration of efficiency, equity, technological innovation, carbon reductions and political feasibility

Even in Dark Times, There are Still Reasons to be Thankful

The election was largely a disaster. But we’ve also seen some positive developments.

What does the election mean for the EV transition?

Slower, less certain, and less equitable–with a new focus on local leadership

Six Things to Know about Rights of Nature

More than 500 Rights of Nature laws and policies have been passed globally. Here’s how to make sense of this nascent movement — or movements.

Can the Major Question Doctrine Block Trump’s Excesses?

The doctrine has been hailed by conservatives. But it may come back to bite them.

Trump & Environmental Policy: The Sequel, Part I

Expect a lot of the same, but there could be some new twists.

NEPA in the Supreme Court — On the Eve of Oral Argument

Some thoughts about how the Court should define some limits on indirect effects.

federal preemption

States have a number of tools for protecting their own environments from the Feds.

Constitutional Issues Loom Large in Future, Likely Federal-California Legal Confrontations

California’s Highest Court Has Far More Environmental Cases Pending Than Ever Before in Its History

Join Our Mailing List

Climate policy is changing rapidly. Stay in the loop with expert analysis via email Monday - Friday.

TRENDING

Clean air. Clean water. We receive these public goods every day without payment, as gifts from everyone to all of us.

Coal is piling up, unused, at powerplants across the country

Does the IRA have staying power?

How to expand climate policy to new places and new sectors

Escalating Legal Attacks on California’s Longstanding Clean Air Act “Waiver” Authority

Feedback effects can lock in decarbonization policies, for better and for worse

CLEE’s Global Forum for Sustainable Batteries releases a 2040 Sustainable Battery Vision

If you read Legal Planet, you know the work of the environmental law centers at Berkeley and UCLA is critical. Now is the time to support it.

Neither carbon pricing nor a mass climate movement can drive effective climate policy on their own

By finally granting the Advanced Clean Car II waiver, the agency just undercut Trump’s planned attack on electric vehicles.