Public Lands
The Fires in Los Angeles
Wildfire policy and the tragic fires in Southern California?
National attention is (rightly) focused on the terrible fire situation in Los Angeles. At the moment, the top priority is supporting first responders who are trying to control the fires, prevent more damage, and help the people who have lost homes and loved ones. There is (of course) a bunch of chatter on social media …
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CONTINUE READINGTowards Better Permitting Reform
What are we trying to achieve?
This is the third in a series of posts on permitting reform. The first post is here. The second post is here. How could we realistically achieve permitting reform that will advance climate and environmental goals? Answering that question requires recognizing the political realities of a sharply divided Congress and country. Any significant change to …
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CONTINUE READINGDeal or No Deal?
Should Congress pass EPRA?
This is the second in a series of posts on permitting reform. The first post is here. Given the provisions of the Energy Permitting Reform Act (EPRA), should Congress enact it as it stands now? Answering that question is tricky, in part because it depends both on uncertain political and administrative action, as well as …
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CONTINUE READINGShould We Do Permitting Reform?
What is at stake with the Manchin bill.
As Congress wraps up its lame duck session before the new Congress and President arrive in January, there is a lot of debate about whether to move forward on permitting reform within a quickly shrinking window of time. The basis of debate is the Energy Permitting Reform Act (EPRA) co-sponsored by Senators Manchin and Barrasso. …
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CONTINUE READINGNEPA in the Supreme Court (Part III)
Our guide to understanding how causation applies for NEPA reviews.
Overall, the Supreme Court has articulated a functional approach that is based on the purposes of NEPA, based on the structure and text of the statute. Today’s post will lay the foundation by discussing NEPA’s purposes and how they differ from those of another area of law often used as an analogy, tort law
CONTINUE READINGPresident-Elect Trump vs. California: What Lies Ahead?
Will It Be Environmental Law & Policy Deja Vu All Over Again? Or Even Worse?
Californians who care about the environment likely–and justifiably–feel whipsawed this week. Former President Trump (#45) has re-emerged as President-elect Trump (#47), interrupted by the intervening four years of the Biden-Harris presidential administration. (Actually, this presidential whipsaw has been going on for decades: think Bush Sr.-Clinton-Bush Jr.-Obama-Trump-Biden-Trump redux.) In general, California’s progressive environmental laws and policies …
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CONTINUE READINGHow to Make Trees Worth More Standing Than Cut Down
The Katoomba Group is celebrating 25 years of pioneering new approaches to realizing value in nature. Here’s what we’ve learned.
West of Sydney, Australia, lies the Blue Mountains, a range of plateaus and panoramic canyons forested with eucalyptus trees. Oil in the leaves produces a bluish haze, hence the name of the area. Twenty-five years ago, in 1999, a new NGO called Forest Trends brought together a small international group to the town of Katoomba …
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CONTINUE READINGThe Two Races Most Likely to Determine Control of the Senate
The outcomes will shape environmental policy in the new Congress.
To keep control of the Senate, Democrats must hold on to the White House and two Senate seats in red states. If Republicans win in Ohio or Montana, they are virtually guaranteed to flip the Senate, with important consequences for environmental policy.
CONTINUE READINGThe Ins and Outs of Kennedy’s Environmental Positions
His campaign website is a mashup of very different perspectives, from “back to the earth” to tech bro.
Working through his website seemed to reveal a broad effort to combine distrust of government and big business), belief in free markets, and valuing nature and the land for their own sakes. Kennedy offers an unusual blend of Sixties “back to the land” environmentalism with Tech Bro libertarianism.
CONTINUE READINGJustin Pidot: Manchin’s Latest and Last Run at Promoting Fossil Fuels through a Permitting Reform Bill
His proposal is a bad deal on climate and an afront to environmental justice
Last week, Senator Manchin unveiled his latest permitting bill, negotiated with Senator Barrasso and set to be marked up by the Senate Committee on Energy and Natural Resources on Wednesday. After recently completing a 3 ½ year stint as general counsel at the White House Counsel of Environmental Quality, I recognize that continuing to improve …
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