Public Lands
Trying to Create Permit Certainty
A new permitting reform bill does a good job of managing tradeoffs for a difficult problem
Last month two Senators proposed another permitting reform bill, the FREEDOM Act. This is a revised version of a bill that was introduced in the House earlier this year, which I wrote about before. (And yes, if you are having trouble keeping up with all the permitting reform bills floating around, you are not alone.) …
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CONTINUE READINGOff the Road Again?
Trump Administration revocations of ORV Executive Orders won’t have direct effects on the ground, yet.
Last month the Trump Administration revoked two executive orders over forty years old that directed federal agencies to restrict off-road vehicle use (ORV) on public lands in order to protect those lands’ environmental value. The revocation is, of course, controversial, and of a piece of a scorched earth approach to environmental regulation this Administration has …
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CONTINUE READINGAmerica the Beautiful — Not Beautification Projects
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
If you braved one of America’s most iconic national parks this weekend, you may have a new appreciation for the meaning of Jean-Paul Sartre’s famous line that “hell is other people.” At Yosemite, visitors reported waiting up to two hours just to enter the park and once they made it through, they were greeted by …
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CONTINUE READINGThe Compelling Case for Clean Energy Subsidies
There’s a solid economic case for government support
Tax credits and direct subsidies sound like handouts. That’s not true in the case of renewable energy and electric vehicles. No should feel bashful in advocating for these subsidies. They provide very real benefits to society, not just to the shareholders in a few firms. Tax credits and subsidies. like those that were contained in the Inflation Reduction Act, will help us avoid many billions of dollars a year of harm to our environment and health. They will also make America competitive in what are clearly the industries of the future, rather than abandoning the field to China.
CONTINUE READINGReducing 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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