Oceans
Some Good News To Close Out This Year
Despite the Trump Administration’s attempts to bring the world into the dark ages, lots of light is blazing
I’m a pretty pessimistic guy. Finding the dark cloud behind the silver lining is something of a specialty for me. But maybe at the end of an atrocious year for environmental law and policy in the United States, we should look for the good news, and thanks to the good people at Canary Media, there …
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CONTINUE READINGThe Answers are Blowing in the Wind
A district court overturns the moratorium on offshore wind, deciding two key legal issues along the way.
The Trump Administration advanced two far-reaching arguments in this case. One is that, when the President directs how an agency should exercise its statutory authority, normal limits on agency action don’t apply. The other is that, even if an agency action is illegal, it must remain in effect against everyone in the world except the plaintiffs who challenged it in a specific case. We can expect the government to keep pressing these points, up to and including Supreme Court review. But the district court in the offshore wind case, along with other lower courts, correctly rejected these arguments.
CONTINUE READINGThe Top Ten Things to be Thankful for this Year
It’s been a horrible year for federal environmental law, but there are hopeful developments elsewhere.
This is, if not the winter of our discontent, at least the late autumn. In terms of federal environmental policy, 2025 has been a disaster. Trump’s previous term in office pales by comparison. But all is not gloomy. Outside of D.C., there have been encouraging developments within the U.S. and globally.
Here are ten of those positive developments.
Garbage In, Garbage Out, Garbage Everywhere
The collapse of international plastics negotiations demands a new, non-UN framework
Given all the garbage that we have to deal with nowadays, you might have missed the prospect of actual, non-metaphorical garbage this week: to virtually no one’s surprise, UN negotiations over an international plastics treaty collapsed this week. It’s easy to make jokes referencing The Graduate – and in fact I will – but this …
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CONTINUE READINGThe Trump Administration takes on the International Maritime Organization
International Maritime Organization
Once again, the new US thumbs its nose at international consensus.
Despite its constant chaos, the Trump administration is at base quite consistent in its approach to both international law and climate change — it seeks to minimize international cooperation while maximizing greenhouse gas emissions. No surprise, then, that the Secretaries of State, Energy, Commerce and Transportation last month issued a joint statement critical of the …
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CONTINUE READING(In?)sane With the Membrane
New developments in Deep Sea Desalination hold important promise for the freshwater crisis – and might require an amendment to Clarke’s Third Law.
The great speculative fiction writer Arthur C. Clarke’s Third Law reads: “Any sufficiently advanced technology is indistinguishable from magic.” This principle came to me the other day when considering this interesting Wall Street Journal piece on Deep Sea Desalination (which we can call DSD for short). Virtually alone among environmental law professors, I am a …
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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 READINGCoastal Act Requires Strict Protection from Harmful Seawalls
Students with UCLA’s Frank G. Wells Environmental Law Clinic are giving testimony before the California Coastal Commission on a critical issue.
As coastal communities up and down California contend with sea-level rise, they’re facing tough decisions about how to update their land use plans. One of UCLA Law’s environmental clinics is helping lead the way. Over the last several months students in the Frank G. Wells Environmental Law Clinic, Maeve Anderson, Mackay Peltzer, and Jacqueline Diaz …
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CONTINUE READINGWillful Ignorance as Government Policy
The Trump Administration is systematically shutting down sources of vital information.
There is a deep anti-intellectualism embedded in MAGA. As RFK Jr. advises people, why pay attention to scientists when you can just “do the research” in the far corners of the internet?
There’s also the fear that data and research may not fit its political agenda. For instance, better information about extreme weather could support more robust programs to deal with those threats rather than supporting massive budget cuts. More robust government programs aren’t part of the MAGA agenda. Even worse, information about extreme weather would also shed light on climate change, a taboo subject.
The 2024 Election Outcome Could Boost the Case for Geoengineering
A Trump victory would increase the odds that we will ultimately need to start blocking solar radiation as a last resort to limit climate change.
A Trump victory would increase the odds that we will eventually need to “break the glass and pull the red lever.” To be prepared for that possibility, we would also need to do more in the short term to research various forms of geoengineering, their feasibility, and their potential side effects. Basically, if you decide you’re going to start smoking a lot more cigarettes, you need to be prepared for the greater likelihood you’ll need chemo.
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