Public Lands
Reducing Deforestation from California to Colombia and Beyond
There are bright spots and opportunities for more work to do on improving data, governance, and access to finance.
This week marks the 16th Annual Meeting of the Governors’ Climate and Forests Task Force (GCF Task Force), a unique network of states and provinces from 11 countries covering more than one-third of the world’s tropical forests. These subnational governments are convening to advance what we call the New Forest Economy – an economic transition …
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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.
Best Climate Anthem? Here’s Your Earth Day Playlist
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
Three years ago, I made the case that Taylor Swift should write a climate anthem because movements need their own music. It hasn’t happened yet. But if you dig a little deeper than the Billboard Hot 100, there are songwriters today who include environmental messages in their music and they follow in the footsteps of …
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CONTINUE READINGHow to Create Permit Certainty?
What might be a good path forward for the FREEDOM Act?
This is the third post in a series looking at the most recent proposed legislation for permit certainty, the FREEDOM Act. Part one, discussing why Congress is considering permit certainty and its importance, is here. Part two, analyzing the strengths and weaknesses of the bill, is here. The good parts of the bill – making …
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CONTINUE READINGAnalyzing the FREEDOM Act
Permit certainty bill has beneficial judicial review provisions, but problematic provisions for damages and compensation.
This is the second post in a series on the FREEDOM Act, a bill in the House of Representatives to address the issue of permit certainty. Part one, explaining why permit certainty is now a hot topic in Congress, is here. All of the reforms in the FREEDOM Act turn on the creation of a …
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CONTINUE READINGThe FREEDOM Act and Permit Certainty
Permit certainty bill has potential, but also some problems that could make it unworkable
As one advocate for permitting reform aptly noted, “permit certainty” is now a prerequisite for any action on permitting reform in this Congress. That’s because the Trump Administration’s war on renewable energy means that Democrats have no desire to do a deal that would not, in practice, make a difference for investment in new clean …
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CONTINUE READINGWhat does UUD mean?
A key legal standard in public lands law is being used by the Trump Administration to stop renewable energy, but in the long run the Administration’s position may advance environmentalists objectives.
Last August, the Secretary of the Interior issued an order that required considering the “capacity density” of an energy source in issuing permits for that energy source on federal land. The order was a blatant effort to stop renewables permitting on federal lands, because the “capacity density” measure the agency used simply looks at the …
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CONTINUE READINGChaos on the Public Lands?
Congress has begun applying the Congressional Review Act to federal public lands management plans. The impacts might be significant.
The Congressional Review Act (CRA) creates a streamlined process by which Congress can disapprove rules issued by federal agencies – it is one of the few legislative actions that are exempt from the filibuster in Congress, along with reconciliation legislation. This Congress has been aggressive in using the CRA, perhaps because polarization in Congress has …
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CONTINUE READINGKeeping Coal on Life Support
Trump is doing everything he can to boost coal. And still, the industry is on life support.
The good news for investors is that coal is behaving like much of the non-AI stock market this year. Yet this growth is taking place on a very low baseline, which had slumped well below from Great Recession levels. If investors are to be believed, Trump may be able to keep the coal industry on life support. But it’s still in the ICU.
CONTINUE READINGUCLA Report Offers Framework for Resolving Coastal Conflicts
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Guest contributors Maeve Anderson and Mackay Peltzer write that regulatory updates are needed to ensure California’s coastal planning remains consistent with the intent of the Coastal Act.
California’s iconic coastline is simultaneously a source of pride and tension for the state. As increasingly severe storms, intensified by climate change, accelerate the erosion of beaches and bluffs, the conflict around land use at the coast has also intensified. Nowhere exemplifies this reality better than the City of Pacifica, a popular surfing destination located …
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