NEPA
Wildfire and National Forests
Reforming federal forest management to address wildfire
This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. This is the third in a series of blog posts on our proposal to reform wildfire law in the United States. The first post is here. The second post is here. Federally …
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CONTINUE READINGThe Challenges of Wildfire
Why wildfire management is so difficult to reform
This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. This is the second in a series of blog posts on our proposal to reform wildfire law in the United States. The first post is here. Why is fire such a hard …
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CONTINUE READINGFixing Wildfire Law
The urgent challenge of reforming how we manage wildfire
This blog post was co-authored with Dave Owen, at UC Law SF. The draft article this blog post series is based is here. Every year brings another reminder of why fire is at the top of environmental and natural resource issues for the United States, and how our legal system struggles to adjust to fire. …
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CONTINUE READINGNEPA and Remedies
Trying to solve the difficult challenge of reforming remedies for NEPA violations
Earlier this year, the Institute for Progress (a pro-permitting reform organization) published a series of proposals for changing remedies for agency violations of NEPA. There are good reasons to think about the problem. If any NEPA violation can stop an entire project, that can incentivize efforts to fly-speck environmental review documents to strategically stop projects …
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CONTINUE READINGWhither Permitting Reform for NEPA?
Engaging with the key questions for NEPA in any permitting reform bill
This interview by Heatmap News with a leading actor (Daniel Palken at the Arnold Foundation) in the permitting reform debates is informative and productive – both on the status of those talks right now, and on their history and why they are important. Here I just want to focus on one aspect of the interview …
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CONTINUE READINGBring Back “Trump Classic”
The original version of Trump was bad. The current version is much worse.
Trump has succeeded in his second term in making every past President including even himself look better. We’re now almost a year and a half into Trump’s second term. From almost every point of view, it’s worse than his first term. It reminds me of the “New Coke” that Coca Cola once introduced, which was a disaster that led to the reintroduction of what was then dubbed “Coke Classic.” Trump Classic was committed to fossil fuels and eliminating environmental protections. But in almost every respect, his policies were less radical and his methods were less drastic.
Project 2025 Was Awful. Trump Has Been Worse.
Trump disowned Project 2025. In retrospect, it seems like he considered it too moderate.
When the Heritage Foundation released Project 2025, there was a big hullabaloo, and Trump quickly disowned it. Bad as it was, however, it appears Project 2025 apparently failed to anticipate the full sweep of Trump’s second term. Many of Trump’s actions mirror Project 2025 recommendations, but in some key areas he’s gone much further. Here …
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CONTINUE READINGBuilding Bridges Over Troubled Waters
There are environmental issues that span the partisan divide, even today.
It turns out that the solar industry has two allies in unlikely places: Trump stalwarts Kellyanne Conway and Katie Miller (the wife of Stephen Miller). This is a reminder that, even in an era of hyper-partisanship, it is sometimes possible to create alliances across the ideological gulf.Despite polarization, there are some environmental issues that can bridge the partisan gap. T Some issues, like climate change, have become deeply polarizing. We shouldn’t give up on those, but we should also pay attention to issues that have greater potential for reaching out to Trump supporters.
Challenging Hegseth’s National Security Gambit
Hegseth may not have as much power as he thinks to run roughshod over the Endangered Species Act.
According to a DOJ filing, “[o]n March 13, 2026, the Secretary of War notified the Secretary of the Interior that the Secretary of War found it necessary for reasons of national security to exempt from the ESA’s requirements all Gulf of America oil and gas exploration and development activities.” It’s difficult but not impossible to challenge the government on issues of national security. Hegseth’s demand for an exemption to allow oil companies to destroy endangered species is a bold, aggressive move, much like the decision to go to war against Iran. As with the war itself, however, the legal and political aftermath may prove a lot messier than the Administration is anticipating. Here are some possible arguments that could potentially limit Hegseth’s powers.
CONTINUE READINGThe Environment is a System, Not an Array.
In 1969, Barry Commoner summed up much of environmental science in six words. Today’s conservatives don’t get it.
People have an intuitive tendency to focus on an action’s immediate direct effects. The same intuition leads us to downplay effects that are indirect, long-range, and cumulative. This can lead us astray, as it has the Supreme Court, when dealing with impacts on environmental systems. Writing at the outset of the modern environmental world, biologist Barry Commoner tried to crystalize what was known about the environment into four crisply phrased laws. The first law read simply: “Everything is connected to everything else.” What we have learned since Commoner published The Closing Circle in 1969 has only confirmed that insight.
This interconnected means that the environment is a system (really, a nested set of systems), where interactions are paramount. It’s not just an array of different things happening independently in different places or times. That’s true, as we’ve learned, not only of the environment but the global economy to which it is linked and of the geopolitical realm linked to that.
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