Disaster Law
Trump’s FEMA Review
Trump’s FEMA Council has reported back. Its basic strategy is flawed.
After much delay, Trump’s FEMA Council has reported back. While the report has some good ideas, much of it resolves around the same strategy: move current problems from the federal government to the states rather than fixing them. Moving responsibilities around doesn’t make them go away. And the reality is that many states will be unable to manage these tasks efficiently. They also lack the federal government’s capacity and economies of scale. And while the federal government will do less itself, it will become more intrusive on state operations, so there’s no clear gain in terms of federalism.
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 READINGYes, Secretary Noem, We Really Do Need FEMA
An advisory committee suggests upgrading FEMA, but Noem still hopes to gut it.
The Washington Post reported yesterday that a special advisory council has recommended that FEMA be strengthened and taken out of DHS. Secretary Noem is unconvinced and seems to be trying to bury the recommendations. She’s wrong. FEMA really is needed, and the reasons tell us a lot about what kinds of reforms make sense. First responders are usually state and local – they’re already nearby – and much of the work of reconstruction is also overseen locally. So why do we need FEMA? Let me count the ways.
CONTINUE READINGLighting Candles in Dark Times: Environmental Law Centers in the Trump Era
These law school centers show it’s possible find ways to make a difference.
Environmental law have become vibrant parts of the law and policy ecosystem. At a time when despondency seems all too common, the work of these law school centers offers beacons of hope for the future of environmental protection. Some of that work is playing defense — pushing back against deregulatory efforts — while other work plays offense by identifying innovative directions for environmental policy. A comprehensive survey isn’t practical, but I’ll provide examples from several different centers.
CONTINUE READINGMayor NIMBY
Karen Bass’ blocking of duplexes in devastated communities is a nasty piece of plutocracy.
Los Angeles Mayor Karen Bass gets a lot of unfair grief from the media and from Angelenos. Many criticized her for being out of the country when the Palisades Fire struck: but she was abroad in Africa representing President Biden (when in Congress one of her areas of expertise was Africa), and mayors do this …
Continue reading “Mayor NIMBY”
CONTINUE READINGListing Trump’s Environment and Energy Executive Orders
I’m counting 35 so far. But I wouldn’t be shocked to learn that I’d missed something.
I’ve put together a list of all the Trump 2.0 executive orders that I could identify dealing with environment or energy. Just to keep you reading, I should tell you that the most important ones are near the end. Whatever you might say about Trump, no one can question his zeal for eliminating environmental protections.
CONTINUE READINGHere’s How the Palisades and Altadena Can Rebuild Better
In partnership with UCLA, the Blue Ribbon Commission on Climate Action and Fire-Safe Recovery has released its final recommendations.
The January 2025 Los Angeles fires were one of the most expensive climate disasters in our country’s history. They displaced tight-knit communities, took lives, shook our region to its core, and reminded us that as the climate continues to change, the risk of future disaster looms large. This recognition lead County Supervisor Lindsey Horvath to …
Continue reading “Here’s How the Palisades and Altadena Can Rebuild Better”
CONTINUE READINGSaving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
CONTINUE READINGA To-Do List For Biden
The clock is ticking, but there’s still time for a few important last things.
Biden has a little over two months left in office. There are some important things he can do in the meantime to protect the environment from the next administration. Here are a few of the most important efforts.
CONTINUE READINGStill Crazy After All These Years
There’s been an alarming growth of conspiracy theories, often antisemitic ones, to explain extreme weather events.
Were the Democrats or lithium mining companies or international bankers behind Hurricane Helene? Is geoengineering a conspiracy to take over the planet? These conspiracy theories abound — not just in the corners of the Internet but in political figures like RFK Jr. and Marjorie Taylor Greene. And they’re beginning to influence state legislatures, including one that just banned geoengineering.
CONTINUE READING










