States

What BAAJA Would Do to Clean Water Act Section 401, and Why it Matters

A turquoise river flows through a mossy forest with bare trees under a cloudy sky.

Dosewallips River

A guest post by Dave Owen

The main argument in favor of accepting this bill’s drastic changes to environmental laws is that the climate benefits of other parts of the bill make the changes worthwhile. But water management is a crucially important part of climate adaptation. Especially in a changing climate, protecting streams and wetlands is a matter of public safety; protecting aquatic resources is one of our most effective ways of managing floods.

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Blue Leaders in Red States

A large white building with tall pillars at the entrance, surrounded by snow and decorated with holiday wreaths.

   What can we expect if Dems flip the governorships in red states?

Right now, the Democrats have 50/50 odds in Georgia and Ohio, and maybe better than 50/50 in Alaska and Iowa.  Governors are only one branch of state government, which obviously limits their sway.  Still, like Presidents, they have some real maneuvering room.  To  get some sense of the possibilities, I took a look at five states with Republican legislatures and Democratic governors.

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The Arguments We Did and Didn’t Hear in Suncor v. Boulder

Oral arguments in the climate case before the Supreme Court gave hints to possible outcomes. But one of Boulder’s strong answers to the “tort suits are regulation” objection went unmade.

The Supreme Court heard oral arguments today in Suncor Energy v. County Commissioners of Boulder County. At issue is whether the city and county of Boulder can move forward with its state court case against defendants Exxon Mobil Corporation and Suncor Energy for allegedly deceiving the public about their products’ role in climate change. Some …

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Who Will Control the Next Congress?

An image of the U.S. Capitol Building in the evening.

The election could be very close — or things could break hard for one party.

As we get closer to the election, there are no doubt surprises ahead.  Still, we can get a sense of where things are heading based on current information.  Who controls Congress will impact a lot of issues, including environment and energy. Even with a President as wilfull as Trump, Congress has significant levers to pull.  I’ll take a look at the key races. At present things look very close.

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By Our Powers Combined, We Are Captain Planet

A large group of people pose for a photo in front of a screen displaying GCF task force Technical Exchange with a toucan logo and various national flags on the table in front of them.

Facing climate disasters, the GCF Task Force is putting the network theory of governance into practice.

I don’t need to tell you that the last several months have seen an increasing number of climate-related disasters, including severe heatwaves throughout Europe and droughts that are impacting water supply and reducing ship passages through the Panama Canal. This year’s super El Niño has exacerbated the ongoing fires across Indonesian Borneo. It is projected …

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Montana’s Human Experiment with Untested Drugs

muppets pretending to be scientists

The state has decided to allow experimental drugs to be used on anyone who can pay for them.

Montana has opened a channel for drugs to be sold without the normal requirements of testing for effectiveness and side effects.

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The EPA Power Plant Rule Repeal Don’t Make No Sense 

A large red button labeled ENERGY EMERGENCY is illuminated on a dark, industrial control panel with various switches and dials.

The Drain is a roundup of environmental and climate news from Legal Planet.

The hair-on-fire news this week was the Environmental Protection Agency announcing that it is repealing rules that limit planet-warming greenhouse gas emissions from power plants fueled by coal and fossil gas. I saw the headline (“EPA Poised to Repeal Carbon Rules for Coal, Gas Power Plants“) on Sunday evening, when Zahra Hirji, Jen Dlouhy, and …

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The Legal Planet Guide to Suncor Energy v. County Commissioners of Boulder County

The Supreme Court building with two protest signs in front; one says PROTECT OUR PLANET with a globe, the other says BE COOL and STOP GLOBAL WARMING with earth illustrations.

UCLA Law experts explain everything you need to know about Suncor v. Boulder as the climate case heads to the U.S. Supreme Court.

LAST UPDATED SEPT. 30 The Supreme Court hears oral arguments on October 5, 2026 in Suncor Energy v. County Commissioners of Boulder County. The plaintiffs in this case are local governmental entities in the State of Colorado that face substantial and rising costs to mitigate the impacts of climate change in the form of heat …

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The Attack on California’s Coast Puts Us in Uncharted Waters

A building on a pier extends over the ocean at sunset, viewed through the diagonal bars of a nearby blue railing in the foreground.

The Drain is a roundup of environmental and climate news from Legal Planet.

California’s coast faces danger from which of these threats: a) Increasingly likely Super El Niño b) Super king tides c) Rising sea levels d) The Trump Administration e) All of the above If you answered “e,” congratulations. California is staring down a rare convergence of El Niño, climate-fueled sea level rise, and big waves that …

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UCLA Law Clinic Files Brief Supporting DC’s Clean Buildings Act in DC Circuit

Energy law experts explain local governments’ longstanding primary authority over local gas distribution and use.

Last Friday, UCLA’s Frank G. Wells Environmental Law Clinic filed a DC Circuit brief in support of the District of Columbia’s Clean Buildings Act on behalf of 11 leading energy and environmental law professors: UCLA’s own William Boyd, Lincoln Davies at the University of Utah, Dan Farber and Sharon Jacobs at UC Berkeley, Alexandra Klass …

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