Politics
Good COP, Bad COP in Belém, Brazil
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
The United Nations mega-conference focused on climate change known as COP (“Conference of the Parties”) is well underway in Belém, Brazil with 193 countries plus the EU, 57 heads of state, 39 ministers and hundreds of governors, mayors, and local officials participating. Two of my UCLA Law colleagues are on the ground in Belém this …
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CONTINUE READINGAnother Threat to Advocacy Groups
The new regulation on loan forgiveness bodes no one good.
A new Trump Administration rule restricts what organizations qualify as engaging in public service. Unless an employee qualifies, its employees won’t benefit from student loan forgiveness programs. That would cut into their workforce. On the face, the standard seems reasonable: organizations must “not engage in activities such that they have a substantial illegal purpose.” But when you dig beneath the surface, the whole rule turns out to be legally dubious and ideological to its core.
CONTINUE READINGIs Diversity A Strength? Not Always
Environmental history shows that specifics matter
To absolutely no one’s surprise, Zohran Mamdani defeated Andrew Cuomo Tuesday in the race for the Mayor of New York City, becoming the Big Apple’s first Muslim mayor. Also to absolutely no one’s surprise, much of the campaign against Mamdani descended into Islamophobia – less from Cuomo himself and more from his supporters and outside …
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CONTINUE READINGAbundance politics and climate politics
Recent issue polling shows the similar challenges facing both climate and abundance politics
This week a study of the popularity of a wide range of issues among the American public came out – and created quite a stir. Most of the attention focused on the unpopularity of various Democratic positions on race and gender identity issues. But here I want to highlight the results in two areas I’ve …
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CONTINUE READINGThe 2026 Election: Through a Glass, Darkly
Here’s what things look like now, but a lot could change.
We’re now one year from Election Day. Because of polarization, environmental policy is closely tied to political party. With that in mind, I’ve been providing election information for about the past ten years. I don’t claim any expertise. My predictions are based on two well-established political websites, Cook and Sabato. Given all that’s happening, the situation will surely shift in the next year, but here’s what things look like right now. Obviously, it’s early days. The Democrats will need to get some luster back on their brand and see some tarnishing of Trump’s if they’re to prevail.
CONTINUE READINGEnvironmental Groups and the New McCarthyism
The Administration’s search for a vast leftwing conspiracy could ensnare some environmental groups.
The White House’s reference to a “vast network” rings a historical bell. A speaker seventy years ago decried “a conspiracy on a scale so immense as to dwarf any previous such venture in the history of man.” That speaker was Joe McCarthy. Environmental groups weren’t active during his time, but does anyone doubt that they would have been on his hit list?
CONTINUE READINGLet’s All Play The Zoning Game!
SB 79 passes, but could there be a huge loophole in it?
Well, there’s the reason why the last election I ever won was for chalkboard monitor in the second grade. Last Friday, the California Senate passed the Assembly’s version of SB 79 (Wiener), which mandates higher densities and height restrictions within a half-mile of high-quality transit stops (with diminishing densities and heights the farther one goes …
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CONTINUE READINGDOJ Challenge to Vermont’s Climate Law Has a Problem
The EPA’s proposed repeal of the endangerment finding undermines the U.S. position in the Vermont Climate Superfund Case.
EPA’s proposal to rescind the Clean Air Act endangerment finding is not final but it is already causing problems for the Trump Administration in court. The Department of Justice today filed a brief for summary judgment challenging Vermont’s climate superfund law. Its principal argument? That the Clean Air Act — in regulating greenhouse gases — …
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CONTINUE READINGBread and Circuses and Journalism
How to get readers interested in housing and land use? Bring in reality stars!
If you want to get a good sense of the travails of the modern press, look no further than Politico’s recent writeup of SB 79, Senator Scott Wiener’s new bill to mandate upzoning around transit stops. Importantly, this isn’t because it’s a bad article but precisely because it’s a good article (and not just because …
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CONTINUE READINGYoung Climate Plaintiffs Won Big in Montana. Can They Again?
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
One of the biggest climate victories to date belongs to 19-year-old Eva Lighthiser and the other Montana youth climate plaintiffs who won their landmark case against state officials and saw it upheld in the state Supreme Court. Now, some of those same young people — Lighthiser included — are headed back to court next week …
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