Forests
Certainty for the California Compliance Carbon Market
California’s signature climate program receives formal legislative extension through 2045.
As the California legislative session came to an end last week, Assembly and Senate leaders released a last-minute deal on formally extending California’s Cap-and-Trade Program for the next two decades through Assembly Bill (AB) 1207. The bill received the required supermajority vote on Saturday, September 13, and now moves to Governor Newsom’s desk for signature. …
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CONTINUE READINGReconciliation and Public Lands Part 2
Final legislation is narrower than House bill, focused on fossil fuel leasing on federal lands.
As a (belated) follow-up from my post this summer about the House version of the reconciliation bill, here is a summary of the key public lands provisions of the reconciliation bill as finally enacted. In general, the scope of what is covered is substantially less than what was in the House bill, in part because …
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CONTINUE READINGWhat does ‘Drill, Baby, Drill’ Mean in California?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
A court fight over oil drilling off the coast of Refugio State Beach near Santa Barbara. Proposals to drill around public schools in Ojai and Los Osos. The potential for oil operations directly adjacent to popular national monuments. New risks to our ecosystems that sustain imperiled species like the California condor. This is what “Drill, …
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CONTINUE READINGReconciliation and public lands
Most changes would be to the leasing process for oil and gas development and reflect a partisan response to ping-pong governance
As the Senate takes up the House’s version of the reconciliation bill, I wanted to briefly summarize the main provisions that relate to public lands – in part so readers can be aware of the state of play as to what might (or might not) come to pass in the Senate. The bill as passed …
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CONTINUE READINGExecutive Disorders
One after another, Trump has let loose destructive blasts at the environment to promote fossil fuels, mining, and logging.
We all know that Trump has issued a slew of executive orders since taking the oath of office. We also know that many of these are aimed to promoting fossil fuels, mining, and logging at the expense of the environment, while disfavoring renewable energy. Still, it’s impressive when you put the list together to see the full onslaught.
CONTINUE READINGGovernors Lead the Fight on Forests and Climate
To see how governors are leading the fight against deforestation, look no further than a meeting happening this week in Brazil.
When the annual U.N. climate conference descends on the small Brazilian rainforest city of Belém in November 2025, it will be tempting to focus on the drama and disunity among major nations. Only 21 countries had even submitted their updated plans for managing climate change by the 2025 deadline required under the Paris Agreement. The U.S. is pulling out of …
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CONTINUE READINGIs Brazil Ready for COP30? No One Is Ready for COP30
The Drain is a weekly roundup of climate and environmental news from Legal Planet.
It’s officially less than 6 months until COP30 — when tens of thousands of people will descend on the Brazilian city of Belém for the annual UN climate conference — and no one is ready. For one thing, Belém is an impoverished city of 2.5 million that can’t build enough hotels for the 50,000 expected delegates …
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CONTINUE READINGFix Our Forests, version 2
A revised bipartisan proposal in the Senate is a step forward in the right direction
I wrote previously about the Fix Our Forests bill which has been passed by the House and is currently being considered by the Senate. I noted some concerns I had about its overuse of emergency authorities, its expansion of categorical exclusions, and some changes to litigation, as well as some positive features of the bill. …
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CONTINUE READINGPrecedent, the Trump Administration, and Endangered Species
A new Trump Administration initiative misinterprets the overruling of Chevron
The Trump Administration’s effort to strip away protections under the Endangered Species Act that had previously been upheld by the Supreme Court. The Administration seems to think they’re entitled to ignore that earlier decision because it was decided under the Chevron test and Chevron has since been overruled. They’re wrong. If it wishes to change the existing interpretation, the agency must give a reasoned argument for doing so that discusses the relevant policy issues, including reliance and the impact of its decision on endangered species.
CONTINUE READINGDoug Burgum Explains It All For You
Is the Interior Secretary loony or cynical? We report, you decide.
Worried about the state of the National Park System? Concerned about whether Elon Musk’s chainsaw is destroying irreplaceable groves of Sequoias? Have no fear! Under criticism for staff cuts across the country, Interior Secretary Doug Burgum is directing national parks to “remain open and accessible” and says officials will ensure proper staffing to do so. …
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