Energy
Another White House Power Grab: PJM
Why emergency power auctions for the AI overlords will do little to reduce electricity prices.
Fresh on the heels of the White House takeover of Venezuela and its “uninvestable” oil sector, President Trump, Energy Secretary Chris Wright, and the rest of the National Energy Dominance Council have turned their sights on the largest wholesale electricity market in the United States – PJM. Their concern is high prices, which continue to …
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CONTINUE READINGNightmare on Penn Ave (Part 2)
After a year of Trump 2.0, here’s how things stand.
Eight years ago almost to the day, I wrote a post titled, “One Year and Counting.” I was writing at the end of Trump’s first year in office. And here we are again, one year into a second Trump Administration. Trump’s basically deregulatory strategy has remained largely unchanged. But there are some notable differences in the situations then and now. I closed my 2017 post with this: “One characteristic of the Trump Administration is a ceaseless stream of controversies and dramas. But generally speaking, the amount of actual legal change has been much more limited, because the system is designed to provide checks on administrative and legislative action.” It remains to be seen how well those checks will function this time around.
CONTINUE READINGCreating Lease Certainty
There are some steps Congress could take to increase certainty for energy leases on federal lands, but there will be tradeoffs.
As my prior two posts noted, there are substantial legal authorities that allow an executive to suspend or cancel leases for energy development. In the case of on-shore leases, that power might be extremely broad. And with an Administration that appears to use its powers to pursue political grudges and to push the envelope on …
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CONTINUE READINGCanceling Onshore Leases
The executive may have broad authority to cancel onshore leases, perhaps even without compensation. Congress might want to fix that.
My last post covered the likely power that the Administration has to cancel off-shore leases for wind projects – a power that it probably has, if it was to ever get its act together. But even though the Administration has not yet used it, I think it probably has even broader power to cancel leases …
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CONTINUE READINGCan They Do That?
The feds probably do ultimately have the authority to shut down offshore wind farms – if they ever get their act together.
This week, three different offshore wind projects that were targeted with shutdown orders by the Trump Administration won preliminary injunctions against those orders. Those lawsuits are in response to a blanket order in December from the Trump Administration, issuing stop work orders to all off-shore wind projects in the United States. (For some projects, this …
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CONTINUE READINGCrafting a Roadmap for Zonal Decarbonization in California
A new series of briefs from the UCLA Emmett Institute offers legal insights for the gas transition. First up: SB 1221.
California has a $43 billion problem: that is the estimated cost of maintaining the state’s gas network over the next twenty years. That is an astronomical amount to spend on what state policy dictates will eventually become stranded assets: California won’t be able to meet its ambitious climate goals unless it moves away from natural gas altogether, so retirement of these assets is …
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CONTINUE READINGBig Decisions to Come in 2026
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
I spent much of 2024 warning about the nihilistic goals of Project 2025 and then spent 2025 watching a lot of it come true. Our collective project for 2026 is to settle on solid alternatives to MAGA and decide on candidates. Luckily, last year also brought a growing resistance movement, lots of litigation, and unpopularity …
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CONTINUE READINGA Procedural Snarl in the Oil Patch
Can oil companies use World War II contracts to vault from state to federal court in cases about present-day coastal damage?
As a matter of common sense, however, it’s hard to see why oil production activities that would not otherwise be considered “federal” should change their statute because the producers also happen to own refineries — especially since in some instances it appears that all the oil from one of their fields might be going to a different refinery anyway. But textualist judges aren’t necessarily attended to common sense.
CONTINUE READINGThe U.S. Has Now Become a Rogue Nation
By pulling out of the UNFCCC and dozens of international organizations, Trump has isolated the United States and ceded influence to China and the EU.
In the past few days, Trump has kidnapped the head of state of Venezuela, threatened to invade Greenland, and withdrawn from a 1992 climate treaty negotiated by George H.W. Bush. The treaty, the U.N. Framework Convention on Climate Change, has been the basis for international climate cooperation for the past thirty years, including the Paris Agreement. In addition, Trump is withdrawing from the Intergovernmental Panel on Climate Change (IPCC), which will make it harder for American scientists to contribute to the periodic reports on the state of climate science. Trump’s action is basically a big middle finger toward the rest of the world. If anyone wins from this, it’s China, which can now claim to be the responsible adult in the room.
CONTINUE READING2026: The Year Ahead
Here are six big things to watch.
What to watch for environmentally in 2026: court tests of Trump’s power, midterms, China, grid issues, and state energy moves. In 2025, Trump rolled out new initiatives at a dizzying rate. That story, in one form or another, dominated the news. This year, much of the news will again be about Trump, but he will have less control of the narrative. Legal and political responses to Trump will play a greater role, as will economic developments. Trump’s anti-environmental crusade could run into strong headwinds.
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