Disasters
MAGA vs NOAA, Executive Orders, and Growing IRA Support
The Drain is a new weekly roundup of climate and environmental news from Legal Planet.
Trump wants to “Make Weather a Mystery Again.” The news that started leaking last Friday is that the Trump administration wants to break up the National Oceanic and Atmospheric Administration and essentially end NOAA’s climate work by abolishing its primary research office and forcing the agency to instead help boost U.S. fossil fuel production, according …
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CONTINUE READINGWildfire Liability in California: A Primer
California has a unique approach to lawsuits against utilities for causing fires.
Like other states, California allows wildfire lawsuits against utilities based on negligence. When a plaintiff can prove that the utility was negligent – in other words, failed to exercise reasonable care – plaintiffs can recover for environmental damage, reforestation costs, and loss of profits. But California also allows recovery even when a utility did nothing wrong, under a theory called inverse condemnation. The PG&E bankruptcy made it clear that no-fault utility liability could threaten the financial health of the power system. The legislature created a new fund to deal with the problem.
CONTINUE READINGTwo Cheers for Tariffs
Stupid climate mitigation is better than none.
So Donald Trump has imposed massive tariffs on Canada and Mexico, and then paused them, and then imposed them again, and then paused them — as always, he is the master of political coitus interruptus. But Canada has not backed off and is maintaining its current retaliatory tariffs: Trump has already promised more and is …
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CONTINUE READINGA Disinformation Deluge on California Policies
Trump and House Republicans are trying to ‘flood the zone’ when it comes to wrongly blaming California environmental regulations for the LA fires.
Trump’s longtime strategy of ‘flooding the zone” — aka overwhelming opponents with a flurry of announcements and superficial initiatives — took a literal turn last week, when his administration ordered the release of a significant amount of water from two dams in the Central Valley to try to score political points. As the New York …
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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 READINGDid California Policies Make the LA Fires Worse?
California’s environmental and climate regulations did not make the climate-fueled Palisades and Eaton fires more destructive or harder to fight. Here’s why.
We know climate change is partly to blame. Are California’s environmental policies regarding land and water management also to blame for the supercharged firestorm that has ravaged Los Angeles? It’s not just conspiracy theories on social media or misguided news stories; that’s the position of some congressional Republicans and President-elect Trump, who hold power over future …
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CONTINUE READINGHuge Snub for Big Oil at the Supreme Court
Oil companies failed to persuade the justices to shield them from the growing number of state lawsuits seeking damages for the harms caused by climate change.
Big Oil has failed to persuade the U.S. Supreme Court to shield it from numerous state climate lawsuits filed across the country seeking damages for the harms caused by climate change — harms like the historic, supercharged urban fires burning in Los Angeles. The justices held a conference on Friday, January 10 to determine whether …
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CONTINUE READINGA Crisis in Climate Communications
Deadly windstorms, wildfires, and hurricanes constitute something more horrific than just “climate change.”
What’s best for communicating urgency: phrases like “global warming” and “climate change” or “climate crisis” and “climate emergency”? What do audiences take away from these semantic choices? Does it matter what words we use? What about when the entire nation is watching a series of wildfires engulf Los Angeles, fueled by unusually dry vegetation during …
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CONTINUE READINGGovernors Present Bold Vision for Investing in a New Forest Economy
As global leaders gather in Cali for COP16 and devastating fires continue across the Amazon, we should look to subnational groups for solutions to both the climate and biodiversity loss crisis.
The world has continued to watch as fires burn – yet again – across much of the Amazon basin. With historic droughts and ongoing lack of resources to tackle these fires and their underlying causes, they have ravaged millions of hectares of forests, communities, and wildlife habitat in Bolivia, Peru, Brazil, and beyond. These fires, …
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CONTINUE READINGHurricane Milton and this Climate Moment
We’re witnessing the collision of extreme weather, climate science, national news and politics. The question of “Who pays for climate disasters?” is about to become even more important.
When President Biden addressed the nation yesterday from the White House, he warned that Hurricane Milton could be one of the most destructive storms in more than a century, but he stopped short of explaining why — that climate change, fueled by our burning of fossil fuels, is making oceans warmer and storms stronger, capable …
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