Biodiversity & Species
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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CONTINUE READINGA 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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CONTINUE READINGGorsuch 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 READINGBy Our Powers Combined, We Are Captain Planet
Facing climate disasters, the GCF Task Force is putting the network theory of governance into practice.
I don’t need to tell you that the last several months have seen an increasing number of climate-related disasters, including severe heatwaves throughout Europe and droughts that are impacting water supply and reducing ship passages through the Panama Canal. This year’s super El Niño has exacerbated the ongoing fires across Indonesian Borneo. It is projected …
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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 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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