Democracy
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.
Does More Energy Reporting = Less Climate Reporting?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
If you are one of the many loyal readers of E&E News, big change is coming to your daily routine. POLITICO announced it is shuttering E&E, the standalone, subscription-based reporting outfit that it bought in 2020. “Beginning in September, we are modernizing how we deliver our energy and environmental policy journalism and launching a …
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CONTINUE READINGWhy 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.
CONTINUE READINGStatutory Language? Who Cares About Statutory Language?
A new DOE guidance seems flatly contrary to the statute it’s acting under.
The Department of Energy has issued new guidance that cuts off rebates for people who replace a gas furnace with a heat pump. Under the new guidance, the rebate will be allowed only if the heat pump replaces an electric furnace. Unless I’m missing something, the statute creating the program says the exact opposite. I suppose maybe at this stage I should find this blithe lack of concern for legality unsurprising. Maybe I haven’t adjusted to the Trump era as much as I’d thought. The rebate program specifically covers “any “project that includes [among other things] … the purchase or installation … of an electric heat pump … to replace a nonelectric appliance.”
New Issue Brief: Community Engagement in Equity-Oriented EV Planning
Examining lessons from the Monterey Bay EV CAR Framework.
As federal support for the EV transition recedes, state and local planning processes are playing an increasingly central role in shaping equitable access to clean mobility infrastructure. Community engagement is a critical component of these efforts, yet relatively few case studies document how equity-oriented engagement processes work in practice. CLEE has released a new issue …
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CONTINUE READINGBending Under Pressure
Every now and then, the Trump Administration shows signs of reluctantly giving in to reality.
The Trump Administration’s basic stance has been to pursue ideological purity all costs, beginning with the “shock and awe” campaign of the first year. Don’t expect miracles, but there are at least a few signs that the Administration is tempering that strategy. It’s a bit comforting to see indications that reality is slowly sinking in. It’s also evidence that resistance to Trump policies isn’t futile.
Any trend toward saner policies is likely to be very limited. For instance, Trump and his supporters are too invested in climate denial to ever admit that climate change is a serious problem. The best we might hope for is that they ease up just a little on their war against clean energy. There are at least some hints that this may be starting to happen.
CONTINUE READINGOn the Bleakest Earth Day, Trust the Undercurrent of Resistance
The first Earth Day succeeded because of a decade of preparatory work. Here are the lessons for us in 2026.
The 56th Earth Day may also be the bleakest. Wave upon wave is crashing upon our system of ecological protections. But having spent years studying the full sweep of American environmental legal history, we can say with confidence: the bigger the wave, the stronger the undercurrent. First, at a time when advocates for the environment …
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CONTINUE READINGTrump’s Slump
The Trump regime is losing ground, creating new policy opportunities.
Trump’s term began with brutal attacks on environment and clean energy policies, but he now longer looks unstoppable. Dems are likely to make major gains in the mid-terms, consumers are deeply unhappy, and his Iran War drags on. These setbacks create openings to push back against his “energy dominance” agenda. Outside the U.S., his effort to expand fossil fuel use is failing. Domestically, there are now openings to blunt his attacks on clean tech and prepare the ground for new policies when he leaves office.
CONTINUE READINGClimate Issues in the 2026 Governor’s Race: Housing and Climate
Fifth in a series of posts outlining key challenges and opportunities facing California’s next governor.
(This climate issue brief is authored by CLEE’s partners at the Terner Center for Housing Innovation.) California faces complex and integrated challenges of unaffordable housing and climate change. Failure to build adequate housing supply has resulted in high prices that have pushed home buyers and renters to locations that are further from jobs, schools, and …
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CONTINUE READINGIs Climate Journalism Up to the Task in 2026?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
We need strong climate journalism now more than ever and there’s some good news to report on that front. Important voices on the climate beat are cranking up the volume, especially via new digital platforms. But first, the bad news. We now know that 2025 was Earth’s third warmest year on record — featuring firestorms …
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