States
That Was the Year That Was
2025 had a lot of bad environmental news, but also a few rays of hope.
2025 has been a dark time for Americanswho care about the environment. Rather than being a repeat of his first term, which had been bad enough environmentally, Trump’s second term has been a tsunami of bad news. Besides some outright rollbacks, Trump has done his best to purge the government of programs and people implementing environmental law. Much of that has been illegal but effective anyway. The demolition of the East Wing will be remembered as a defining moment, the perfect metaphor for an Administration that has religiously embraced the motto, “move fast and break things.”
CONTINUE READINGFederalism, AI, and the Environment
Trump’s efforts to overturn state laws are part of his effort to consolidate power and suppress opposition.
State authority isn’t unlimited, but current legal doctrines give it broad scope. So, apparently, does national politics, given that Congress recently rejected a proposal to preempt state AI laws and has never seriously considered preempting state climate laws.
As we all know, Congress has found it extraordinarily difficult to enact legislation on major issues. The executive branch, under the Supreme Court’s “major questions doctrine,” lacks the power to fill the gap. That leaves only the states to save us from paralysis when major new issues arise. That may not be ideal, but it’s better than nothing.
Making the Most of Data Centers
Photo: chaddavis.photography
Data centers are driving energy demand at unbelievable scale. Regulators should use that to build infrastructure we desperately need.
If you’d asked me three years ago, I would never have guessed energy bills would be a salient political issue in 2025, let alone one that politicians anchor their entire campaign around. But of course, the cost of energy is quite different today than it was a few years ago. Electricity prices have increased faster than (already-high) inflation since 2022, leaving ratepayers on the hook for ever steeper …
Continue reading “Making the Most of Data Centers”
CONTINUE READINGHow California (And Other States) Can Drive Demand for Clean Trucks
CLEE and the Emmett Institute release new report today and will hold Jan. 13 webinar with Energy Commissioner Nancy Skinner keynote.
This post is co-authored by CLEE fellow Marie Grimm. California’s policies to phase out polluting diesel trucks with zero-emission models took a major hit this year from the federal government. In June 2025, Congress voted to overturn federal permission for California’s zero-emission truck mandate (although this vote is now subject to litigation). In July, Congress …
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CONTINUE READINGThe Top Ten Things to be Thankful for this Year
It’s been a horrible year for federal environmental law, but there are hopeful developments elsewhere.
This is, if not the winter of our discontent, at least the late autumn. In terms of federal environmental policy, 2025 has been a disaster. Trump’s previous term in office pales by comparison. But all is not gloomy. Outside of D.C., there have been encouraging developments within the U.S. and globally.
Here are ten of those positive developments.
Yes, Secretary Noem, We Really Do Need FEMA
An advisory committee suggests upgrading FEMA, but Noem still hopes to gut it.
The Washington Post reported yesterday that a special advisory council has recommended that FEMA be strengthened and taken out of DHS. Secretary Noem is unconvinced and seems to be trying to bury the recommendations. She’s wrong. FEMA really is needed, and the reasons tell us a lot about what kinds of reforms make sense. First responders are usually state and local – they’re already nearby – and much of the work of reconstruction is also overseen locally. So why do we need FEMA? Let me count the ways.
CONTINUE READINGTurning Conservative Legal Theories Against Trump
Is the risk of legitimizing bad ideas worth it? Maybe so, under the circumstances.
Conservatives have been obsessed with the idea of a runaway federal government crushing everything in its path. They’ve been successful in promoting ideas to rein in Leviathan, at a time when by our lights the government actually was behaving very reasonably. But now we really do have a rampaging federal government. Conservative ideas could be very useful tools right now, and we shouldn’t hesitate to use them.
CONTINUE READINGThe Lingering Legal Issue of California’s Limits on Vehicle Emissions
The issues are complex, but the state has some strong legal arguments on its side.
The odds are high that the Trump Administration will withdraw California’s power to regulate greenhouse gas emissions from cars and trucks – and along with it, California’s effort to become all-electric. This is a crucial issue for the state because transportation accounts for about 40% of the state’s emissions. It’s also crucial for the other states have exercised the option of adopting California standards. The issues are complex, involving an unusual statutory scheme. Here’s what you need to know, and why I think California should win this fight.
CONTINUE READINGWhat to Know About the TFFF Announced at COP30
A bold new investment fund aims to channel billions into tropical forest protection – one key change can make it better.
The world is losing vast swaths of forests to agriculture, logging, mining and fires every year — more than 20 million acres in 2024 alone, roughly the size of South Carolina. That’s bad news because tropical forests in particular regulate rainfall, shelter plant and animal species and act as a thermostat for the planet by storing carbon, keeping it out of …
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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.
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