NEPA Remedies Revisited
Guest contributor Justin Pidot writes that the permitting bill known as BAAJA would end judicial review of most NEPA claims — but it sure is hard to figure that out.
Guest contributor Justin Pidot is co-director of the environmental law program at the University of Arizona James E. Rogers College of Law. Eric Biber’s recent posts have done a terrific job providing an overview of many of the Senate permitting bill’s provisions. I want to revisit the issue of NEPA remedies he discussed here, and the bill’s broader approach judicial review of NEPA claims, because I think there are dramatic implications hiding unde...
CONTINUE READINGA Major Problem with “Permit Certainty”
The permit certainty provision in the permitting reform bill appears to (inadvertently) change the basic standard for enforcement of most federal law
I’ve flagged an additional issues from the permit certainty provision (Section 1401 of the bill) that I think are quite important and worth considering in assessing the merits of the permitting reform bill. As I noted in my prior post on Section 1401, it has potentially sweeping scope because it prohibits any federal agency action that would “interfere with or prevent the construction or operation at full capacity of a project that has secured all necessary Federa...
CONTINUE READINGThese 3 Numbers Explain Earth System Interventions in 2026
Concerns about passing 1.5C and ‘global dimming’ are driving attention to the prospect of large-scale interventions in Earth systems.
On October 12th and 13th, more than 250 people gathered in Reykjavik, Iceland, for the “Global Risk and Stabilization Summit,” to talk about the new level of risk the planet is facing as we pass 1.5C degrees and potential ways to address it. UCLA’s ESI Project, which I help direct, was a convening partner of the summit and participated in the discussions. In a nutshell, reducing greenhouse gas emissions, adapting to climate impacts, and removing carbon from ...
CONTINUE READINGBlowing in the Wind
The Trump Administration once again proves shortsighted and spiteful.
Just as sponsors are making a push to get a bipartisan permit reform bill through the lame duck session of Congress, the Trump Administration has apparently decided to sabotage the process. Democrats have worried that it does no good to streamline permitting for clean energy projects if the government simply yanks the permits later. That's exactly what the Administration is planning to do, yet again, in a case where it has repeatedly lost in court. The backstory invol...
CONTINUE READINGFDA’s Worrisome Proposal on Toxins in Food Additives
Part of it is a move in the right direction. But one provision raises serious questions.
According to the Guardian news site, a proposed new FDA regulation will “expand a controversial loophole to allow some of the world’s most toxic chemicals to be added directly to food without a safety review.” The proposed regulation does two other, seemingly reasonable, things along with the one that raises real concerns. The worrisome part of the proposal may have been shoehorned into an otherwise innocuous proposed rule, with very little explanation of th...
CONTINUE READINGUnpacking the Senate Permitting Reform Bill: Disparate Treatment for Permits
Bill attempts to draw on discrimination law to address disparate treatment for permits, but provision has problems
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the disparate treatment permit provisions in Title IV. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water Act provisions in Title II is here. My discussion of the Endangered Species Act provisions in Title III is here. My discussion of other...
CONTINUE READINGOur Information Ecosystem is Toxic. But We Can Clean It Up
The Drain is a roundup of environmental and climate news from Legal Planet.
Amy Westervelt’s new book “Brought To You By” is not about the climate crisis so much as it is about our overarching, inextricable information crisis that makes climate change that much harder to address. The book lays out in great detail how our information ecosystem has become as devastatingly polluted as any toxic sewer or superfund site on Earth. She examines how public knowledge is first created through research and then shaped by “public rela...
CONTINUE READINGUnpacking the Senate Permitting Reform Bill: Permit Certainty
Permit certainty provisions are problematic and unclear in their scope
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the permit certainty provisions in Title IV. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water Act provisions in Title II is here. My discussion of the Endangered Species Act provisions in Title III is here. (I am indebted to this prior an...
CONTINUE READINGUnpacking the Senate Permitting Reform Bill: ESA
Changes to the Endangered Species Act are limited in scope
This post continues my review of the provisions of the Senate Permitting Reform Bill, focusing on the Endangered Species Act provisions in Title III. My introduction to the coverage of the bill is here. My discussion of Title I, covering NEPA is here (for remedies) and here (everything else). My discussion of the Clean Water Act provisions in Title II is here. There are only a limited number of changes to the ESA under the bill. First, section 1301 defines th...
CONTINUE READINGWhen and How to Oppose Fossil Fuels
The answer is clear: “It depends.”
There’s been a lot of talk about whether climate policy should focus on promoting clean energy or should push hard to limit fossil fuels. To some extent, these are two side of the same coin. Yet, the politics could be very different. And there are some “abundance” advocates who support expanding all sources of energy, including fossil fuels. My main point here is to that the debate has been too simplistic. What stance to take about opposing fossil fuels d...
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