Democracy
The CPUC Makes Good on Neighborhood Electrification
The state’s gas utilities tried to delay priority zones for decarbonization. The CPUC rejected that approach and has selected priority neighborhoods.
Here’s something to celebrate: the California Public Utilities Commission (CPUC) released its proposed decision designating initial priority neighborhood decarbonization zones. Loyal readers of Legal Planet will have followed our coverage on SB 1221, a law passed last fall that allows the CPUC to support “neighborhood decarbonization zones” to transition away from natural gas toward zero-emissions alternatives. Phasing out natural gas …
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CONTINUE READINGWhat the Hell Happened To The Sierra Club?
Its recent implosion over left-wing politics shows a trend that threatens environmental advocacy.
In an era of growing American fascism, for progressive organizations, there are successful strategies, and unsuccessful strategies. And then there is the Sierra Club, which appears to have destroyed itself, according to a depressing and enraging expose in the New York Times (co-written by David Fahrenthold, one of their best reporters): “Sierra Club is in …
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CONTINUE READINGAmerica’s Dirty Pictures: The Forgotten ‘Documerica’ Reminds Us How Far We’ve Come
The Documerica project, housed at the National Archives, provides a vivid window into environmental destruction circa the 1970s.
In recent decades, environmental laws have not only been challenged in courts and Congress; they’ve also taken a verbal beating. They’ve been denounced as “job killers”, “government overreach,” “radical environmentalism,” a “war on coal,” and, lately, just “woke.” It’s become all too easy to focus on the costs of regulation and forget why we adopted …
CONTINUE READINGThe Tariff Case & Environmental Law
The Court’s ruling could open doors legally for some future environmental actions.
In passing a new statute, is Congress endorsing judicial rulings under the old one? Do restrictions on the regulatory powers of administrative agencies apply to foreign affairs or Presidential actions? Can courts review a President’s emergency actions? The oral argument in the Trump tariff case will provide clues into the Justice’s thinking on these key issues. The ultimate decision will have implications on other topics like environmental law. Here’s a roadmap to the issues.
CONTINUE READINGHow “Passive Virtues” Destroy the Constitution
Judicial restraint has become a license for dictatorship.
Never has the adage that A Picture Is Worth A Thousand Words been more appropriate. Donald Trump has destroyed much of the federal government and much of the Constitution, so now he is destroying the White House – in this case, to build a horrific 90,000 square foot ballroom paid for by “private contributors,” who …
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CONTINUE READINGThe Compact for Censorship
The so-called compact is a thin front for massive incursion into free speech and academic freedom.
A key First Amendment principle prohibits the government from discriminating on the basis of viewpoint. This Compact contains a string of viewpoint-based rules. That’s a threat to any view the government doesn’t like, which definitely includes a belief in climate change or the benefits of renewable energy. Because violation of the agreement triggers draconian sanctions, and the Administration is the judge of what constitutes a violation, the chilling effect will be tremendous.
CONTINUE READINGAt a Loss for Words? Resist Climate Silence
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A few years ago, I was writing about how President Joe Biden was flying around the country to promote his landmark climate law without uttering the word “climate.” Seems so quaint. Now, we find ourselves in a place where “climate change” is on a list of banned words maintained by the U.S. Energy Department, along …
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CONTINUE READINGThe War on Science: Week 35
Every week we get more reports about the Administration’s anti-science campaign.
It was just another week in the government’s war on science. Rather than editorialize about what’s going on, I thought it would be more useful just to relay what has come out in news reports over the last week. The facts really speak for themselves.
ITEM. On Saturday, we learned that EPA’s water division had told its scientists to pause publication of papers in scientific journals pending a “review.” The order came from political appointees. There’s little doubt that the goal is to silence scientific findings that might call Administration policies into question.
CONTINUE READINGViolations of Free Speech at EPA
EPA employees were within their rights with the dissent letter they wrote.
I know it must be a shock to the Trump Administration that even lowly civil servants — I’m sure they would put the emphasis on “servants” — have rights that Important People like them are obliged to respect. But we still live in a democracy, and as the Supreme Court once said, government employees don’t leave their First Amendment rights at the door.
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