national security
Gorsuch is (Partly) Right
Justice Gorsuch is wrong about the cure, but delegation has gotten out of hand.
Justice Gorsuch has made it a personal crusade to revive the nondelegation doctrine, in part because of concerns about the rising tide of presidential power. The nondelegation doctrine tries to limit the ability of Congress to delegate authority to the executive branch. That’s an unworkable solution, but Gorsuch is right that Congress has put far too much trust in the good faith and sound judgment of the President and his subordinates. That’s especially true of national security and emergency powers.
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 READINGThe National Security Scam
Just about everything gets labeled an emergency or national security threat these days. The courts may be starting to catch on.
The Trump Administration invokes national security and declares national emergencies to justify all manner of actions such as excusing violation of environmental laws. Past Administrations have gotten strong deference for their emergency claims. But this one may be quickly using up its credibility. You can pass a certain number of counterfeit bills, but a flood of counterfeits is hard to hide.
CONTINUE READINGChallenging Hegseth’s National Security Gambit
Hegseth may not have as much power as he thinks to run roughshod over the Endangered Species Act.
According to a DOJ filing, “[o]n March 13, 2026, the Secretary of War notified the Secretary of the Interior that the Secretary of War found it necessary for reasons of national security to exempt from the ESA’s requirements all Gulf of America oil and gas exploration and development activities.” It’s difficult but not impossible to challenge the government on issues of national security. Hegseth’s demand for an exemption to allow oil companies to destroy endangered species is a bold, aggressive move, much like the decision to go to war against Iran. As with the war itself, however, the legal and political aftermath may prove a lot messier than the Administration is anticipating. Here are some possible arguments that could potentially limit Hegseth’s powers.
CONTINUE READINGClimate Change and the Hard-Headed Realist
Henry Kissinger showed that you don’t have to have a shred of idealism to favor climate action.
It’s not surprising that Bernie Sanders said, rather emphatically, that he was not a friend of Kissinger’s. Yet there was one issue where they did agree: climate change. If there was one thing that Henry Kissinger stood for, it was the hard-headed “realist” view of foreign policy — a view that prioritizes national interest at …
Continue reading “Climate Change and the Hard-Headed Realist”
CONTINUE READINGThe Hidden Green-Infrastructure Bill
Every year, Congress provides lavish funding for clean energy and climate adaptation. No one notices.
Biden’s green-infrastructure bill is headline news. Republicans are up in arms. Yet every year there’s already a green-infrastructure bill. Hardly anyone notices. Republicans vote for it without a fuss. Why? It’s part of the annual funding bill for the military. The Defense Department remains the biggest single consumer of energy in the country, and it …
Continue reading “The Hidden Green-Infrastructure Bill”
CONTINUE READINGNational Security, Climate Change, and Emergency Declarations
If the Supreme Court upholds Trump, it will have to uphold an emergency declaration for climate change.
Trump finally pulled the trigger today and declared a national emergency so he can build his wall. But if illegal border crossings are a national emergency, then there’s a strong case for viewing climate change in similar terms. That point has been made by observers ranging from Marco Rubio to Legal Planet’s own Jonathan Zasloff …
Continue reading “National Security, Climate Change, and Emergency Declarations”
CONTINUE READINGA Bipartisan Concern: National Security and Climate Change
Even within the Trump Administration and the House GOP, climate change is seen as a threat.
In written testimony to Congress about threat to national security, the Trump Administration’s Director of National Intelligence (DNI) discussed climate change. His discussion didn’t equivocate about the reality or dangers of climate change. Rather, he took the science, and the threat, seriously: “The past 115 years have been the warmest period in the history of …
Continue reading “A Bipartisan Concern: National Security and Climate Change”
CONTINUE READINGShould Environmentalists Worry About Chuck Hagel?
Reports out today indicate that within the next few days, President Obama will appoint former Republican Senator Chuck Hagel to succeed Leon Panetta as Defense Secretary. Even though Hagel himself is a Republican, the GOP has already promised a fight, ostensibly on the entirely specious grounds that Hagel is anti-Israel. Hagel…hmmm…where have environmentalists heard that …
Continue reading “Should Environmentalists Worry About Chuck Hagel?”
CONTINUE READINGClimate is a Security Issue
The National Research Council (NRC) has recently released a study called Climate and Social Stress: Implications for Security Analysis. The security implications of climate change have been discussed in other, similar studies in the past, and this one is largely consistent with what has come before. The central message is that the changing climate will …
Continue reading “Climate is a Security Issue”
CONTINUE READINGJoin 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.
