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Showing 226 results

James Goodwin | June 10, 2026

The Dawn of the Loper Bright Era

For the pro-democracy crowd, the arrival of June each year brings a palpable sense of dread. We are keenly aware that it marks the end of the U.S. Supreme Court’s annual term, when the most controversial decisions are handed down. And each year, we are left to anticipate how exactly our oligarchs in black robes […]

Daniel Farber | June 1, 2026

The Next Step in Trump’s War on Science

A proposed new rule would replace merit-based funding of science with a heavily politicized process. It would also deprive scientists of the ability to rely on finding for long-term projects. This proposal has no real legal basis. It is likely to undermine American science, giving a boost to China's efforts to take over global scientific leadership.

Daniel Farber | May 15, 2026

Trump versus Cost-Benefit Analysis

EPA has said it would no longer try to quantify the harms done by the two most serious, widespread air pollutants. Given that these are the most fully understood of all environmental impacts, it’s not clear what future regulations, if any, might still be subject to cost-benefit analysis. This didn’t come out of the blue. Rather, it is the culmination of a series of steps that began when President Donald Trump first took office in 2017.

Federico Holm | May 12, 2026

Misusing the Congressional Review Act as a Tool for Land Management Policy

It is tempting to think that the threat of the current Congress abusing the Congressional Review Act (CRA) is over, now that the deadline to revisit rules implemented during the previous Congress’s session—provided by the CRA’s unique “lookback provision”—has formally passed. But that would be a mistake, as conservative lawmakers have found novel ways to target agency actions from previous administrations.

Scales of justice, a gavel, and book

Steph Tai | May 7, 2026

As Government Privatization Efforts Grow, Lawsuits Against Federal Contractors Get More Difficult

The question of which court should hear a case isn’t always as easy as it might seem — and the answer can sometimes make a difference in the potential outcome. For instance, in 2013, the government of Plaquemines Parish, Louisiana, decided to sue several oil companies for violating a 1978 state law that required a state permit for oil production along the Louisiana coast.

Alejandro Camacho | May 5, 2026

We Can Learn from the Oscillations of U.S. Environmental Law

The Trump administration recently repealed the U.S. Environmental Protection Agency’s 2009 endangerment finding—the scientific and legal determination that greenhouse gases threaten public health and welfare that has anchored federal climate regulation for nearly two decades. Environmental Protection Agency Administrator Lee Zeldin called the finding “the Holy Grail of federal regulatory overreach.” Within weeks, a coalition of more than 20 states filed suit in the U.S. Court of Appeals for the D.C. Circuit to reverse the repeal. The legal battle that follows will help define American environmental policy for a generation. Brigham Daniels and I did not plan the timing of our new book, Lessons for a Warming Planet: A Vital History of US Environmental Law, to coincide with this particular legal conflict. But we could not have chosen a more clarifying moment for its release. The endangerment finding repeal is not an aberration—it is a recognizable recurrence in a history that stretches back centuries. Law has always been the primary engine of both environmental exploitation and protection in the United States.

Federico Holm | April 30, 2026

You Can’t Manage Forests Without Understanding Them

The U.S. Forest Service (USFS) is undergoing one of the most consequential and likely disruptive transformations in its 121-year history. The agency plans to relocate its headquarters from Washington, D.C., to Salt Lake City and overhaul its structure and management. According to a Forest Service press release from March 31, the overhaul aims to bring leadership “closer to the forests and communities they serve,” replacing the agency’s long-standing regional model with a state-based structure. At first glance, the rationale seems intuitive. Forest management should be informed by local conditions, local relationships, and decisions made closer to the ground. But that premise raises a more fundamental question: what happens when the scientific infrastructure that informs those decisions is dismantled at the same time?

Lemir Teron | April 29, 2026

Reflections on Unlearn Power: Strengthening Communities in the Age of Environmental Crisis

As the release date of my forthcoming book, Unlearn Power: Strengthening Communities in the Age of Environmental Crisis, approaches, naturally, I've been asked, "What's the book about?" But given the amalgamation of ecological devastation across the planet, with fallout and stakes unevenly felt across socioeconomic lines and underscored by political forces that engage in climate denialism and assaults on democratic institutions, I urge that "Why Unlearn Power?" is the more apropos question.

James Goodwin | April 23, 2026

We Just Met the Devil on Trump’s Shoulder

The pursuit of idiosyncratic grievances and obsession with exerting unconstrained power have been the hallmarks of President Trump’s second term so far. But it was only last week, during a pair of congressional hearings, that the American public received its first real introduction to the obscure administration official largely responsible for translating Trump’s worst impulses into action: Russell Vought.