Join us.

We’re working to create a just society and preserve a healthy environment for future generations. Donate today to help.

Donate

Blog

Showing 71 results

James Goodwin | April 22, 2026

Reactions to the Supreme Court’s Secret Shadow Docket Memos

On April 18, The New York Times dropped a bombshell with a story that offered a unique window into the political inner world of the U.S. Supreme Court. Based on a series of leaked memos, the story retraces the events leading up to the Court’s extraordinary decision to halt the enforcement of the Obama administration’s Clean Power Plan, a rule to limit greenhouse gas emissions from the power sector, even while the case was still pending in the D.C. Circuit Court of Appeals.

James Goodwin | April 16, 2026

Using ‘National Security’ Excuse to Preempt State and Local Efforts to Hold Big Oil Accountable Would Be Bad Law and Policy

In early April, The Washington Post published an op-ed trashing state and local efforts to hold Big Oil and Gas accountable under the law for the lies they told about their products’ connections to climate change and damages they inflict on people and the planet. I submitted a letter to the editor presenting counterpoints to the op-ed’s claims, which included the absurd notion that insulating some of the biggest companies on earth from even a small measure of justice is somehow a vital “national security” interest. The Post chose not to run that letter, so I’m sharing it with readers here.

Evan George | April 14, 2026

Lessons for a Warming Planet: A Vital History of U.S. Environmental Law

This Earth Day, environmental advocates are looking backward as well as forward. With the U.S. federal government so dramatically overhauling environmental policy, history shows how American social movements of the 19th and 20th centuries overcame seemingly insurmountable odds to preserve public lands and pass laws protecting human health. “I’ve been trying to look through the history of the United States to understand how we’ve gotten where we are,” said Alejandro Camacho, a Professor of Law at UCLA School of Law and co-author of Lessons for a Warming Planet: A Vital History of U.S. Environmental Law, which comes out on Earth Day, April 22, 2026. “Prior generations did meet the moment and at least partially addressed some of the major problems that were in front of them.” Camacho discusses the book in this lightly edited transcript.

Daniel Farber | February 24, 2026

What Happens to State Regulation if the Endangerment Findings are Gone?

If the Trump EPA successfully repeals the endangerment findings for vehicles and stationary sources, states will be the only resort for climate action. A key question is how the repeals would impact state power relating to carbon emissions. The bottom line answers are: (1) the impact on state power to regulate tailpipe emissions seems unclear but could be positive; (2) there would be no effect on state power to regulate stationary sources like power plants; (3) plaintiffs suing oil companies would probably benefit.

Daniel Farber | January 26, 2026

What Critics of the Unitary Executive Missed

At its core, the unitary executive theory (UET) says that the president can fire anyone in the executive branch for any reason or no reason. Although the UET purports to be based on originalism, it has become clear that the U.S. Supreme Court has no interest at all in examining the history. Supreme Court conservatives think complete presidential control is simply the ideal way to run the government. The deep flaws in that theory are now becoming apparent.

Daniel Farber | January 9, 2026

2026: The Year Ahead

In 2025, President Donald Trump rolled out new initiatives at a dizzying rate. That story, in one form or another, dominated the news. This year, much of the news will again be about Trump, but he will have less control of the narrative. Legal and political responses to Trump will play a greater role, as will economic developments. Trump’s anti-environmental crusade may run into strong headwinds.

Daniel Farber | December 11, 2025

The Case Against Rollback Exceptionalism

A recent U.S. Office of Management and Budget (OMB) memo proclaimed the Trump administration’s commitment to “deregulating at an unprecedented scale.” To advance that agenda, the memo tells agencies to put a thumb on the scale in favor of rollbacks. In contrast, most lawyers and economists would say that regulation and deregulation are subject to the same rules. Sometimes, the conventional wisdom is right.

Daniel Farber | November 13, 2025

The Lingering Legal Issue of California’s Limits on Vehicle Emissions

Although Congress vetoed California’s most recent vehicle regulations, the state can pass new regulations so long as there are significant differences from the ones Congress overturned. The Trump administration has been arguing all along that California lacks the power to regulate greenhouse gases from vehicles. Those regulations are a crucial part of the state’s climate policy. Sooner or later, courts will need to decide the extent of California’s legal authority over vehicle emissions. 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.

Daniel Farber | August 21, 2025

Which Effects Count?

Not that long ago, conservatives demanded that the government balance costs and benefits. They still do, but with a twist: They demand special limits on consideration of environmental effects. But that makes no sense. Whatever rules we have about costs should apply to all types of costs, and the same with benefits. The result of skewing the analysis is, not surprisingly, that we get conservative results more often.