Democracy
Statutory 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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CONTINUE READINGBring Back the Legislative Veto!!
Restoring Presidential-Congressional balance also restores the Constitution’s vision of government — and could pay environmental dividends
One line that stood out in the Supreme Court’s opinion in the tariff case, Learning Resources v Trump, was this one from Neil Gorsuch: Once this Court reads a doubtful statute as granting the executive branch a given power, that power may prove almost impossible for Congress to retrieve. Any President keen on his own authority (and, …
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CONTINUE READINGMore Pesticides Please!
Trump’s ‘Toxics First’ Agenda continues with a new executive order mandating the production of glyphosate . . . as a matter of national security!
Late last Wednesday, sandwiched between all of the news about the repeal of the endangerment finding and the Supreme Court’s ruling on the Trump tariffs, the White House issued a new Executive Order invoking a Korean War era statute, the Defense Production Act of 1950, to ensure that chemical companies can continue to manufacture a …
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CONTINUE READINGIs China a Climate Hero? It’s complicated
UCLA’s Alex Wang explains China’s climate strategies and contradictions in his new book, Chinese Global Environmentalism.
Though China was once viewed as a climate villain, the country now dominates the global supply chains of solar panels, batteries, and electric vehicles. Just this month, Chinese manufacturer BYD overtook Tesla as the world’s biggest maker of EVs. It’s the latest example of how China’s focus on clean technology is setting the pace for …
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