Legislation
What BAAJA Would Do to Clean Water Act Section 401, and Why it Matters
Dosewallips River
A guest post by Dave Owen
The main argument in favor of accepting this bill’s drastic changes to environmental laws is that the climate benefits of other parts of the bill make the changes worthwhile. But water management is a crucially important part of climate adaptation. Especially in a changing climate, protecting streams and wetlands is a matter of public safety; protecting aquatic resources is one of our most effective ways of managing floods.
CONTINUE READINGWhy the Midterms Matter for Energy & Environment
Trump could still pursue his fossil fuel dominance agenda – but not as easily.
Trump still can take many administrative actions regardless of who controls Congress. But the election still matters for the future of the U.S. energy system and the planet. A President who has the support of a united Congress can do a lot more than a President who must contend with serious congressional opposition. Here’s why it matters.
CONTINUE READINGNEPA Remedies Revisited
Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.
Guest contributor Justin Pidot is co-director of the environmental law program at the University of Arizona James E. Rogers College of Law. Eric Biber’s recent posts have done a terrific job providing an overview of many of the Senate permitting bill’s provisions. I want to revisit the issue of NEPA remedies he discussed here, …
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CONTINUE READINGThree Cheers for Two Clean Energy Victories for California
Gov. Newsom signed SB 1359 and AB 2313, two bills that the UCLA Emmett Institute had identified as clear winners for ratepayers.
After a suspenseful few weeks, we’re excited to see that yesterday, Governor Newsom signed into law two key bills that will help reduce costly gas bills and help households transition to a cleaner energy future: SB 1359 and AB 2313. We’ve written about both of these bills before, in multiple reports and blog posts. It’s …
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CONTINUE READINGGet Out the (Green) Vote
The Drain is a roundup of environmental and climate news from Legal Planet.
Paying people for their vote in the midterms was one of those bizarre ideas that Trump floated and even some Republicans dismissed. But there is actually an incentivized Get Out the Vote effort happening right now that makes more sense (and is legal). Patagonia, a longtime corporate supporter of environmental activism, is offering customers a …
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CONTINUE READINGGorsuch is (Partly) Right
Justice Gorsuch is wrong about the cure, but delegation has gotten out of hand.
Justice Gorsuch has made it a personal crusade to revive the nondelegation doctrine, in part because of concerns about the rising tide of presidential power. The nondelegation doctrine tries to limit the ability of Congress to delegate authority to the executive branch. That’s an unworkable solution, but Gorsuch is right that Congress has put far too much trust in the good faith and sound judgment of the President and his subordinates. That’s especially true of national security and emergency powers.
CONTINUE READING‘Solar for All’ Victories and the Future of Grantee Litigation
Two courts vacated U.S. EPA’s termination of solar funds. Guest contributor Adam Earl King outlines what to watch for on appeal.
Guest contributor Adam Earl King is a student at The University of Texas School of Law (JD ’27) and a Summer ’26 Legal Research Assistant at UC Berkeley’s CLEE. This time last year, local-government and non-profit grantees’ hearts dropped when EPA Administrator Lee Zeldin announced via X that he’s ending the “boondoggle.” The so-called “boondoggle” …
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CONTINUE READINGI Skipped NY Climate Week and Read These Books Instead
The Drain is a roundup of environmental and climate news from Legal Planet.
Climate World descended on New York City this week for the annual mad dash of panel discussions, press briefings, newsmaker interviews, influencer gatherings, and sponsored parties that is NY Climate Week, but I stayed home and read books instead. To be more specific, I went to my local bookstore (Village Well in Culver City!) …
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CONTINUE READINGWhither the Governor’s Mansion?
Some big environmental battles are brewing in Sacramento. But where will the next Governor stand?
Those of you who tuned in to the extra-long season finale of my favorite reality TV show, the California State Legislature, on September 1 (a full half-day after session was supposed to end, mind you: Drama!) may have, as I did, audibly gasped at the moment when the Assembly simply declined to vote on a …
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CONTINUE READINGThe EPA Power Plant Rule Repeal Don’t Make No Sense
The Drain is a roundup of environmental and climate news from Legal Planet.
The hair-on-fire news this week was the Environmental Protection Agency announcing that it is repealing rules that limit planet-warming greenhouse gas emissions from power plants fueled by coal and fossil gas. I saw the headline (“EPA Poised to Repeal Carbon Rules for Coal, Gas Power Plants“) on Sunday evening, when Zahra Hirji, Jen Dlouhy, and …
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