What Democrats Can, And Should, Do with Their New Majority
“Green Ideas for the New Blue Majority” is a series from UCLA Law faculty exploring legislative opportunities for the 120th Congress.
Democrats achieved a generational landslide victory in the 2026 midterm elections largely by campaigning on affordability, fighting corruption, and acting as a check on unpopular Trump policies. To date, Democrats have won at least 253 seats in the House and 54 in the Senate. For the first time this century, Democrats won statewide in Texas — including a Senate seat and the governor’s mansion. They won a Senate seat in Kansas, which had not happened in 94 year...
CONTINUE READINGWindows of Opportunity Open in the States
The most exciting new prospects for environmental progress are far outside the Beltway
A small event last Thursday captures this moment of change. The Fifth Circuit heard a challenge to Texas’s 2021 anti-ESG law, which gives the Texas Comptroller sweeping powers to blacklist companies that disfavor fossil fuels. The law was vigorously defended by the state’s current Attorney General. But here’s the thing: The new Texas Attorney General will be Nathan Johnson, a Democrat who has no reason to defend the law. And the new Comptroller will be Sarah Eckh...
CONTINUE READINGWeighing the permitting reform bill
A summary of what I think the main changes to enviro law are, and the risks of uncertainty in how it is applied
Based on the manager’s amendment, and assessing the bill as it stands, here is my key summary of what I think the major components of Titles I through IV do overall: Eliminate supplemental NEPA based on new information (though it is retained for changes in projects). Narrow alternatives to be considered under NEPA where there is a project sponsor with specific goals Eliminate NEPA on tribal lands (unless the tribe opposes the project) Allow greater use of...
CONTINUE READINGThe revised permitting reform bill
Amendments announced over the weekend address some key issues, but leave others unresolved
The manager’s amendments for BAAJA – the changes to the bill that the primary drafters support – came out Saturday morning. Given the short time frame (the first procedural vote is tomorrow morning), this will have to be a quick overview of those changes and their implications. I’ll cover the extent to which those changes address the major concerns I had with the bill, summarize what I think the main changes of the bill will be overall, and address why I I’...
CONTINUE READINGAdvice for California’s Next Governor: Transportation
Recommendations from CLEE’s policy roadmap for the incoming administration
Tuesday’s elections delivered a nationwide sweep of results with positive potential for climate and environmental policy. The new Congress will have power to slow or reverse some of the Trump Administration’s attacks on federal clean air and clean water policy and the opportunity to reinstate some clean energy tax credits. State legislatures and governorships in places like Ohio, Pennsylvania, and Texas can tackle the data center question with an eye toward protec...
CONTINUE READINGElection 2026: A Political Earthquake
How close were the forecasters? And what happens next?
I've rewritten this post several times as the scope of the election results has become more clear. At first, I thought this was a strong midterm for the Democrats. Then, a remarkable one. But now I think the election goes beyond that. It is remarkable enough that Democrats won a Senate race in Texas (not to mention South Carolina!). It's beyond remarkable that they also won races for the Texas Governor, Lieutenant Governor (a powerful position in Texas), and Attorn...
CONTINUE READINGHow Would Gov. Xavier Becerra’s ‘Power Hour’ Work?
The incoming governor will have to confront rising energy costs. As a candidate he proposed a program for free midday electricity.
Welcome to the "Becerra Era." Surprising no one, Xavier Becerra was overwhelmingly elected to be California’s next governor. Now, he will be thrust immediately into the fray on some of the most challenging environmental and energy issues facing the state — including rising energy costs. (Some advice for the next governor here.) The energy component of this Becerra Era could first be defined by a "power hour." As a candidate, Becerra focused on lowering power b...
CONTINUE READINGShhh: The 2026 Midterms Were a Climate Election
The Drain is a roundup of environmental and climate news from Legal Planet.
The topic of climate change was mostly missing from the midterm campaign trail and yet the election results could go down as the biggest climate election in U.S. history. Both things can be true. Yes, mentions of climate change in 2026 were sparse on the campaign trail and they disappeared from press releases issued by Democrats in the House and Senate, according to one analysis. But climate policy was on the ballot. Climate Cabinet Action, a nonprofit advocacy...
CONTINUE READINGIs Permit Certainty Worth It?
The most problematic provision in the permitting reform bill is permit certainty. It’s not even clear it will accomplish what it sets out to do.
I’ve written a bunch about the issues with the permit certainty provisions of the permitting reform bill. Apparently that provision was a demand of Democratic negotiators, seeking to protect renewable energy from the Trump Administration. If that is the goal, it comes at a steep cost in terms of an overbroad provision with lots of unintended consequences, as I’ve written before. But there’s another issue: Will it even accomplish its goal? In other words, will th...
CONTINUE READINGPodesta Is Right
Permitting reform bill asymmetrically makes it easier to grant permits than revoke them. That could have sweeping consequences.
At the end of the last week, these comments from John Podesta, a major Democratic Party policy operative, got some attention. He called the permitting reform bill a “loaded howitzer” in the hands of President Trump, should it be enacted as it is currently written. In particular, Podesta argued that the permitting certainty provisions would allow Trump to lock in lots of harmful development projects in ecologically valuable areas, including on federal public lands...
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