Biodiversity & Species
Ping-pong government and the ESA
Recent proposed revisions for the ESA just reset the clock to 2020.
The Trump Administration in November proposed revisions to the regulations implementing the Endangered Species Act (ESA). Normally, I would try to do a thoughtful review of the changes and what I think their implications are. But that is really not necessary this time, since what the Administration is proposing is to undo Biden Administration changes …
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CONTINUE READINGSome Good News To Close Out This Year
Despite the Trump Administration’s attempts to bring the world into the dark ages, lots of light is blazing
I’m a pretty pessimistic guy. Finding the dark cloud behind the silver lining is something of a specialty for me. But maybe at the end of an atrocious year for environmental law and policy in the United States, we should look for the good news, and thanks to the good people at Canary Media, there …
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CONTINUE READINGYes, It’s That Time of Year Again
If you read Legal Planet, you know why the work we do matters.
Like everyone else, I’m sure you find fundraising appeals annoying. That’s why we only do them twice a year. But there couldn’t be a more important time for the work we do, given the urgency of the climate crisis and the ongoing policy disaster in D.C.
Trump’s second term has proved to be even more ruinous than expected for the environment, with a dedicated effort to slash pollution regulation, suppress clean energy, and glorify fossil fuels. That makes the environmental work we do at Berkeley and UCLA more urgent than ever.
CONTINUE READINGThe Top Ten Things to be Thankful for this Year
It’s been a horrible year for federal environmental law, but there are hopeful developments elsewhere.
This is, if not the winter of our discontent, at least the late autumn. In terms of federal environmental policy, 2025 has been a disaster. Trump’s previous term in office pales by comparison. But all is not gloomy. Outside of D.C., there have been encouraging developments within the U.S. and globally.
Here are ten of those positive developments.
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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CONTINUE READINGIs Diversity A Strength? Not Always
Environmental history shows that specifics matter
To absolutely no one’s surprise, Zohran Mamdani defeated Andrew Cuomo Tuesday in the race for the Mayor of New York City, becoming the Big Apple’s first Muslim mayor. Also to absolutely no one’s surprise, much of the campaign against Mamdani descended into Islamophobia – less from Cuomo himself and more from his supporters and outside …
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CONTINUE READINGClimate Change is Coming for Your Coffee
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
My drug habit is becoming more expensive thanks to the dangerous duo of climate change and Donald Trump. The cost of coffee keeps going up. I saw firsthand why this is happening back in May on an eye-opening trip to Acre, Brazil, where I toured a couple of farms in the Amazon. One was a …
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CONTINUE READINGBackfilling the federal ESA
AB 1319 is a good first step to responding to efforts to weaken the federal ESA
I wrote this past spring about a proposal by the Trump Administration to eliminate the definition of harm in the regulations implementing the federal Endangered Species Act (ESA), which might eliminate protections from habitat modification for federally listed species. I also noted three different steps California could do to backfill the federal ESA if such …
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CONTINUE READINGTake 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 …
CONTINUE READINGCalifornia and Brazil Advance Joint Climate Action
The new MOU announced at New York Climate Week increased engagement and joint climate leadership ahead of COP30.
This week, California Governor Gavin Newsom led a high-level meeting with Brazil’s Environment Secretary Marina Silva to expand the long-running partnerships that exist between the Golden State and the largest country of Latin America. The meeting resulted in a new Memorandum of Understanding (MOU) between both governments to continue to collaborate on climate action. Although …
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