Trump Administration
How “Passive Virtues” Destroy the Constitution
Judicial restraint has become a license for dictatorship.
Never has the adage that A Picture Is Worth A Thousand Words been more appropriate. Donald Trump has destroyed much of the federal government and much of the Constitution, so now he is destroying the White House – in this case, to build a horrific 90,000 square foot ballroom paid for by “private contributors,” who …
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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 READINGOur National Parks are Open — and Openly Threatened
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
“I’m still here working.” That’s what a park ranger at Yosemite National Park told me last Friday, as he made his rounds. Anyone who thinks they can flagrantly break the park rules during the government shutdown is in for “a rude awakening,” he said. Literally. He and other rangers have been using noise to wake …
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CONTINUE READINGGuess What? The Next 2 Weeks Are “National Energy Dominance Month”
October 17-31 has now been proclaimed to be an entire month, courtesy of Trump.
“National Energy Dominance Month.” So typical of Trump: a bungled exercise in foolish bravado. The “bungled” part is that they forgot to designate October as a special month until it was halfway over. The “bravado” saturates almost every sentence, combined with the fact that the blustering has no practical effect. And the “foolish” part is about bad energy policy and bad economics. To expand supply, he needs higher prices, but that would hurt him politically. And there’s no reason to think foreigners would pay them.
CONTINUE READINGLegal “Scholarship” and the Overproduction of Elites
What’s the point of writing about the Supreme Court when its only ideology is intellectual dishonesty?
Why do we even bother with this anymore? The New York Times breathlessly reports that the University of Virginia’s Caleb Nelson, a well-respected originalist scholar, has concluded that the “unitary executive theory,” long promoted by conservatives, is, well, bunk. “A bombshell!,” enthuses Will Baude of the University of Chicago, himself a well-respected originalist scholar – …
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CONTINUE READINGLighting Candles in Dark Times: Environmental Law Centers in the Trump Era
These law school centers show it’s possible find ways to make a difference.
Environmental law have become vibrant parts of the law and policy ecosystem. At a time when despondency seems all too common, the work of these law school centers offers beacons of hope for the future of environmental protection. Some of that work is playing defense — pushing back against deregulatory efforts — while other work plays offense by identifying innovative directions for environmental policy. A comprehensive survey isn’t practical, but I’ll provide examples from several different centers.
CONTINUE READINGBackfilling the federal ESA
AB 1319 is a good first step to responding to efforts to weaken the federal ESA
I wrote this past spring about a proposal by the Trump Administration to eliminate the definition of harm in the regulations implementing the federal Endangered Species Act (ESA), which might eliminate protections from habitat modification for federally listed species. I also noted three different steps California could do to backfill the federal ESA if such …
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CONTINUE READINGRevoking Monuments?
Recent Justice Department memo on National Monuments argues for Presidential power to eliminate them entirely
National monuments were a major flashpoint for public lands management under the first Trump Administration, which dramatically shrank two national monuments in Utah. I think there was a broad expectation that the second Trump Administration would do the same, but for more monuments (including those designated under the Biden Administration), but so far not much …
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CONTINUE READINGArson Alone Does Not Explain the Palisades Fire
The Drain is a weekly roundup of environmental and climate news from Legal Planet.
When federal prosecutors charged a man last week with intentionally starting a brushfire that was suppressed but smoldered and ultimately became the Palisades fire, arson became the focus of attention all week. The city’s after-action report about the fire was totally overshadowed by questions around the suspect. What was his motive? Is there strong evidence? …
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CONTINUE READINGLearning from the Laureates
The 2025 Economics Prize, Technological Innovation, and the Energy Transition
In energy technology as elsewhere, Trump is hobbling American science with budget cuts and demands for political submission. The epitome of his approach is the decision to give political appointees rather than experts the ultimate decision on each project, replacing scientific merit with politics as the deciding factor. His war on science is also a war on future economic growth. And his effort to halt creative destruction is the pathway to a stagnant economy. By trying to prop up an incumbent industry threatened by new technologies, he’s undercutting a central driver of economic growth.
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