States
Success! Removing the Klamath Dams
A “Good News” Environmental Story (For a Change)
Most of the environmental law and policy matters discussed on Legal Planet–especially over the past few months–have dealt with natural resource crises, environmental rollbacks, hostile political actors and actions in Washington, D.C., etc. So let me take this opportunity to share an upbeat and inspirational environmental story in these otherwise troubled environmental times. In 2022, …
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CONTINUE READINGCorroding the Separation of Environmental Powers
“Who decides?” is the first question to ask about a policy issue. Trump’s answer is “me.”
Biden took actions that federal courts ruled exceeded statutory authority, raised separation of powers issues, or threatened federalism. The difference is that Trump has used brute-force attacks on agencies plus extortion against states rather than taking overt legal actions that courts can review.
CONTINUE READINGDisappointed in National Leadership? Look to States
With nations lagging behind on climate, states and provinces are coming up with investment opportunities to protect forests and ecosystems internationally.
Only 13 of the 195 signatory countries to the Paris Agreement submitted new national plans for tackling climate change by the recent deadline. Meanwhile President Trump has begun the process of the U.S. withdrawing from that agreement — again. This US withdrawal from global leadership is a perfect time to refocus attention and support at …
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CONTINUE READINGState-Level Actions To Decarbonize Aviation
New CLEE report explores the risks of federal preemption.
Aviation is a significant and growing source of greenhouse gas emissions. But the federal government in the United States has failed to address it so far. In response, some state policy makers and advocates are now considering legal avenues to effectively require the use of sustainable aviation fuels, which emit less carbon than traditional jet …
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CONTINUE READINGNew Tools for Communities Seeking to Leverage Energy Infrastructure Projects for Community Priorities
Local action becomes even more important under a new federal regime
The Biden Administration placed substantial emphasis on community benefits mechanisms in federal climate infrastructure investments, building on years of legal and community advocacy work that laid the foundation for federal community engagement standards for project developers. With the Trump Administration taking a different approach at the federal level, the role of stakeholders at the local …
CONTINUE READINGThe Green-State Playbook
Here are five ways states can save climate policy despite Trump.
Trump’s election is a body blow to U.S. climate policy, but there are ways that those states can fight Trump and move forward on their own plans. To cut to the chase, here are five key strategies for green states — starting with lawsuits against the Trump Administration, which were highly successful in Trump’s first term.
CONTINUE READINGSaving Disaster Law From the Imperial Presidency
Trump’s efforts to deconstruct disaster relief have serious legal flaws
In recent days, Trump has said that he won’t provide relief for the LA fires unless California changes its voting laws and its water regulations. And he also suggested that he’d like to abolish FEMA entirely. The first of those proposals seems clearly unconstitutional. The second one is both a terrible idea and beyond his legal authority.
CONTINUE READINGWhat Will 2025 Bring in Global Climate Finance?
Last year, international negotiations continued to disappoint on global climate policy, forests, and finance. This year, subnational governments must continue to lead.
As they have for many years, nations came together in 2024 at various climate-related events to push for a brighter future. From the 16th Conference of the Parties (COP) to the Convention on Biological Diversity in Cali, Colombia in October 2024, followed immediately by COP29 to the United Nations Framework Convention on Climate Change (UNFCCC) …
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CONTINUE READING2024: Ending on a Dark Note
It was a pretty good year for the environment – until November 5, that is.
2024 ended on a grim note for anyone who cares about the environment. Donald Trump is once again in the White House. His record in the first term made him in the most anti-environmental President in history. The story of the next four years will be a struggle to limit his damage while doing as much as we can to continue progress at the state level and in the private sector.
CONTINUE READINGThere are Piles of Coal in America’s Christmas Stocking
Coal is piling up, unused, at powerplants across the country
Bad children, supposedly, will get only lumps of coal in their stockings. That could be taken as a metaphor for the anti-environmental programs coming down the line, but I have in mind something a bit less metaphorical. According to a recent report, coal-fired power plants have immense piles of coal – 138 million tons, equal …
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