Biodiversity & Species
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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CONTINUE READINGDear 2026 1L
Today’s entering law students are preparing to start careers at a critical time for the environment.
Welcome to law school. You’re beginning your life in the law at a critical time. What we do together between now and 2035 will determine what your lives look like in 2050 and 2080, and what your children and grandchildren will see in the next century. So, grab your books, get yourselves ready, and be prepared to head for the legal trenches when you graduate. No time to waste!
Enough With The Doomscrolling
Environmental Progress Does Exist – And So Does Good News
So much is awful nowadays, that we need to share good news at Legal Planet, and there actually is some. For the first time ever, German solar and wind electricity production outpaced that of fossil fuels. In 1987, forest cover in Costa Rica, one of the famously most biodiverse nations on the face of …
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CONTINUE READINGIn Harm’s Way
Agency’s efforts to repeal harm definition for the ESA carries significant legal risks
The Trump Administration has finalized a rule that would eliminate the definition of harm from the regulations implementing the Endangered Species Act (ESA). Harm is one component of the definition of take in the ESA, and Section 9 of the ESA prohibits take of members of endangered species. As I noted last spring, when the …
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CONTINUE READINGScreaming in the Wilderness
More is screaming needed.
It is no surprise that, in the past couple of weeks, the Trump Administration has moved to gut habitat protection under the Endangered Species Act, opening wilderness areas to mining and oil drilling, and to eviscerate Monument designation for most of two wilderness areas in Utah. Trump and his allies made their intentions clear in …
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CONTINUE READINGA Compendium of Good News
Hey, it’s not all gloom and doom out there.
We don’t lack for bad news these days. Still, there are also good things happening. I’ve been putting together a list of things that are good news for the environment. EVs, battery storage, and solar are growing around the world. So put on your happy face!
CONTINUE READINGJudicial Review of the Hegseth Gambit
Hegseth and the “God Squad” may have just stepped into a morass.
As expected, the Endangered Species Committee issued a blanket exemption, preventing any challenges to oil and gas drilling in the Gulf that threaten endangered species. Hegseth’s request for the exemption is premised on the existing (but possibly insufficient) protections that the government is currently giving endangered species. Thus, it’s not quite a license for Exxon to send out harpoon boats to kill off whales. It does, however, raise the suspicion that the current protections are grossly inadequate and that the government expected to lose in court, before in effect breaking the glass and pulling the red emergency lever.
CONTINUE READINGDear UNFCCC, Subnational Governments are Key to Protecting Forests
GCF Task Force and Regions4 Submit Comments to COP30 Roadmap on Halting and Reversing Deforestation and Forest Degradation by 2030
Two of the world’s largest subnational governmental networks – the Governors’ Climate and Forests Task Force (GCF Task Force, a project of the Emmett Institute on Climate Change and the Environment at UCLA School of Law), and Regions4 – submitted a comment letter today providing input to the Roadmap on Halting and Reversing Deforestation and …
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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 READINGHarming Species
The impact of repealing the ESA Section 9 prohibition on habitat destruction will be large for many endangered species.
As I posted last year, the Trump Administration is proposing to repeal an Endangered Species Act (ESA) regulation that limits destruction of habitat for listed species. Specifically, the proposal is to repeal the definition of “harm” in the regulations. That regulatory definition includes some forms of habitat destruction within the meaning of harm. And “harm” …
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