A Trick, Not a Treat, on Methane
EPA's recent proposal to gut the oil and gas methane rules should scare us all.
Just in time for Halloween, EPA has served up a trick for the public and a treat for polluters. Methane is an invisible gas that haunts the air we breathe, and EPA’s latest attempt to dismantle crucial pollution protections would make the biggest leaks even harder to see. Worse, by scrapping the Methane Super Emitter Program, it would leave no one to call when the ghost appears. And it is the product of a much broader industry campaign that this admin...
CONTINUE READINGGolf. Trump. Lies. And NEPA.
What more could you ask for in a single court opinion?
In a Monday ruling, Judge Ana Reyes told the government to stop work on Trump’s plan to demolish a D.C. public golf course and replace it with one for pro tournaments. There are intriguing legal issues: whether a President’s social media posts can establish the basis for judicial review; whether golfers have standing to sue to preserve an existing course; how to deal with apparent dishonesty by government lawyers; and last but not least, whether the Supreme Court h...
CONTINUE READINGAddressing fire in the National Forests
Reforming National Forest management to improve fire resilience
I wrote earlier about an article I co-authored with Dave Owen on reforming wildfire law. In particular, we identified changes to federal land management, federal air quality law, land-use law, and insurance law to address the interlocking legal and policy challenges wildfire presents. But the scope of our piece necessarily meant limiting the level of detail in our policy suggestions or recommendations. We’ve tried to address that for a topic where we think detail...
CONTINUE READINGThe Evolution of Climate Policy in Russia
The Russian government has gone from joking about fur coats to catching up with global trends.
A prevalent perspective from the early 2000s among some Russian officials held that climate change could actually benefit the country by opening up Arctic shipping routes, expanding agricultural zones, and reducing winter heating costs. Russian President Vladimir Putin once joked about the prospects of Russians not needing their fur coats in a warmer climate. For many years, the Russian government trafficked in climate change denial (in part due to the skepticism of ...
CONTINUE READINGClimate Science Under Attack, in the Name of Global Equity
Equity for whom: The fossil fuel producers or the most vulnerable?
In the name of global equity, a coalition of carbon producers and high emitters is trying to delay the next report of the IPCC, the UN body in charge of synthesizing the world’s climate research. The report on the physical science of climate change is due in 2028, but China, India, Saudi Arabia, Kenya, and Russia want to stall into the next year. All these countries are major producers of coal, oil, or gas. Kenya might seem like the odd man out, but it is on the verg...
CONTINUE READINGWhy the Midterms Matter for Energy & Environment
Trump could still pursue his fossil fuel dominance agenda – but not as easily.
This is an important election whether you think climate change is a serious threat or a hoax. Sadly, environmental issues aren’t a top priority for most voters, and energy is mostly an affordability issue. And admittedly, Trump still can take many administrative actions regardless of who controls Congress. But the election still matters for the future of the U.S. energy system and the planet. A President who has the support of a united Congress can do a lot more ...
CONTINUE READINGWhy Does Chevron Want Karen Bass to Win Re-election?
The Drain is a roundup of environmental and climate news from Legal Planet.
As Angelenos cast their ballots for mayor, Chevron is making clear which candidate it prefers: Mayor Karen Bass. This week brought news that the Chevron Corporation donated $50,000 to a labor union-sponsored independent expenditure committee supporting Bass’s mayoral campaign. Sammy Roth reported on the donation at Climate Colored Goggles, noting that the situation resembles the gubernatorial primary, during which Xavier Becerra benefited from Chevron money. POL...
CONTINUE READINGAn Overview of BAAJA
All my posts (to date) on the permitting reform bill before the Senate
There’s a lot to ponder in the permitting reform bill before the Senate. I’ve tried to work through what I think the important issues are in Titles I through IV of the bill (which focus on environmental law). As a reference, in case it’s useful to others, here are my blog posts discussing the various provisions, and making suggestions for improvements: Initial overview: https://legal-planet.org/2026/10/01/a-quick-overview-of-the-senate-permitting-reform-bill...
CONTINUE READINGProcedure Versus Substance
Drawing a false dichotomy between procedure and substance does not lead to good policy
“If I let you write the substance and you let me write the procedure, I’ll screw you every time.” Former US Rep. Dingell In the prior post I criticized some of the positions of environmental groups in the debates over the Senate permitting reform bill. But advocates of the bill have also made problematic arguments. Most important of those problematic arguments is a claim by proponents that the permitting reform bill is only about procedure, not substan...
CONTINUE READINGPermitting Wars
Environmental groups should engage constructively with permitting reform
The permitting reform bill now being considered in the Senate has provoked fairly vicious fights between “abundance” advocates and at least some environmental groups. I think that there are valid critiques of many of the arguments that each side is making, and I think unpacking those critiques can be helpful in trying to find a path forward for environmental law. In this blog post, I will start with what I think many environmental groups get wrong about permittin...
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