Climate Change

86ing Natural Gas in New Buildings

Natural gas flame

A new Second Circuit opinions empowers bans on fossil fuels in new buildings.

Three years ago, the Ninth Circuit struck down a Berkeley ordinance banning natural gas hookups for new buildings.  The court said that the ordinance was preempted by a federal law regulating appliance efficiency.  The Second Circuit has now reached the opposite conclusion about an NYC ordinance that basically bans fossil fuels in new buildings.  The Second Circuit opinion  zoomed in on the language of the federal law, which seems more in line with Supreme Court’s current approach to statutory interpretation.  

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Project 2025 Was Awful. Trump Has Been Worse.

The cover of what has been referred to as Project 2025, which reads, "Mandate for Leadership: The Conservative Promise".

Trump disowned Project 2025. In retrospect, it seems like he considered it too moderate.

When the Heritage Foundation released Project 2025, there was a big hullabaloo, and Trump quickly disowned it.  Bad as it was, however,  it appears  Project 2025 apparently failed to anticipate the full sweep of Trump’s second term.  Many of Trump’s actions mirror Project 2025 recommendations, but in some key areas he’s gone much further.   Here …

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China’s Climate Policies: A Timeline

How has China has gone from climate action’s problem child to a promoter of clean energy?

China has long been the world’s top emitter of greenhouse gases, making its climate and energy policies crucial for the rest of the world.  It initially took the position that Westerners had caused the problem and should carry the entire burden of fixing it. Over time, however, it has shifted into a position of leadership in clean technology and cooperation on climate issues. 

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The GCF Task Force Expands at 16th Annual Meeting

A large, diverse group of people pose and smile on stage at an event in front of a screen displaying GCF Task Force and a scenic forest background, with banners and flags on both sides.

Photo by Government of Caquetá, Colombia.

The Governors’ Climate and Forests Task Force has grown from 45 to 54 member jurisdictions to cover even more of the world’s tropical forests.

The world’s largest subnational network dedicated to protecting forests, reducing emissions, and  enhancing livelihoods across the tropics just got a lot bigger. Following a vote at our 16th Annual Meeting in Caquetá, Colombia from May 18 – 22, 2026, the Governors’ Climate and Forests Task Force (GCF Task Force) grew from 45 to 54 member …

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The Environment Dies in Darkness

Suppressing the rights of free speech and association is deadly to environmental protection.

It’s not a coincidence that the title of this post is taken from what used to be the motto for the Washington Post until its billionaire owner decided that democracy was not, after all, a priority.   Because of the inherently collective nature of environmental protection, democracy and environmental protection are inseparable.  The government’s efforts to suppress opponents have a cumulative effect, creating a climate of repression. If we want to fight global warming, we also need to fight the chilling effects of repression on First Amendment freedoms.  

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Think No One Writes Climate Songs? Here are 400

A close-up of a guitar neck at sunset, with THE DRAIN inside a planet graphic, and CLIMATE PLAYLIST in bold letters layered over the image. The background shows a blurred landscape beneath a glowing sun.

The Drain is a weekly roundup of environmental and climate news from Legal Planet.

  You might assume most musicians are silent on climate change and the environment. But you’d be wrong. This Earth Day, I started a Climate Playlist because frankly I didn’t see many comprehensive ones out there. My first attempt was three dozen songs. But I got additions from readers, friends and colleagues and then I …

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NPR Cut Its Climate Desk. These 33 Local Climate Reporters Are Still at It

A collage of various public radio station logos, including OPB, WLRN, WBUR, KUT 90.5, LAist, 89.9 WWNO, KQED, CPR News, KUOW 94.9, and NPR Network, on a blue-green gradient background.

Laying off two climate journalists is a step backward for NPR. The good news is that local public radio stations are still doing climate journalism.

Well, it’s even worse than I previously reported at NPR where newsroom leaders have reduced both climate and science staff. NPR not only fired its chief climate editor and ended the Climate Desk as a standalone team but has also laid off longtime energy correspondent Jeff Brady. By my count, NPR has reduced the climate …

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Why Does the Trump Administration Keeping Attacking Science?

Apparently, the Administration views science as fatally infected with woke ideas and lacking much other value.

Make no mistake, the Trump Administration is engaged in a serious, carefully honed, effort to undermine American science. The National Science Foundation has lost a third of its staff, while the National Institutes of Health have lost 20%. EPA’s science office is being shuttered. Trump’s proposed budget included a 54% cut for NSF, 12% for NIH, and 46% for NASA’s space research. And last week, the government proposed changes to politicize research funding decisions at the expense of merit review. It also proposes making continuation of long-term funding dependent on political whim, which will drive researchers away from projects taking longer commitments.

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What’s the Long-Term Plan to Decarbonize Aviation?

Cover of a policy report titled “E-Fueling Flight” from UC Berkeley, with an airplane flying over green palm trees against a blue sky. Icons for climate, water, oceans, and land use are shown on the upper right.

New CLEE Report on How to Deploy More Carbon-Neutral Electrofuels or “E-Fuels”

How can we decarbonize airplane flights? It’s a “hard to abate” sector of the economy, given that the usual transportation solutions like hydrogen or batteries will likely not work for long-distance flights, given their physics.  Instead, some advocates and policymakers are betting on carbon-neutral electrofuels (or “e-fuels”) as an alternative to fossil jet fuel. E-fuels …

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The Compelling Case for Clean Energy Subsidies

There’s a solid economic case for government support

Tax credits and direct subsidies sound like handouts.  That’s not true in the case of renewable energy and electric vehicles.  No should feel bashful in advocating for these subsidies. They provide very real benefits to society, not just to the shareholders in a few firms.  Tax credits and subsidies. like those that were contained in the Inflation Reduction Act, will help us avoid many billions of dollars a year of harm to our environment and health. They will also make America competitive in what are clearly the industries of the future, rather than abandoning the field to China.

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