States
How 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.
CONTINUE READINGWill Technology Save Us? It Might Have To
Battery innovations provide at least some source for hope despite the Trump Administration’s war on renewable energy
There is little good out there, but it was nice to see this graphic recently. It’s a graphic of the daily energy usage in California broken down by source and by time period, according to the California Independent System Operator. That’s why you can see the yellow-gold area, representing solar capacity, expand during the daytime …
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CONTINUE READINGThe Legal Barricades Protecting State Climate Policy
The general legal landscape favors state regulatory efforts.
The upshot is that it will be very challenging for the Feds to overturn state emissions regulations of power plants and other facilities. The statutory and doctrinal landscape are favorable for states playing defense, and the Supreme Court seems if anything more favorable to the states than the national government. Of course, these general observations leave plenty of room for litigation over the fine points, and the Feds could win some cases. But the states start the contest with an advantage.
CONTINUE READINGHow broad does Clean Water Act 401 certification sweep?
Recent disputes over infrastructure projects highlights the importance of the question
Another issue for ping-pong governance over the past few years has been certification under Section 401 of the Clean Water Act. For those of you who are not deep into the weeds of the Clean Water Act, Section 401 requires (a) federal agencies that are issuing licenses or permits that (b) result in discharges to …
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