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Alejandro Camacho, Robert L. Glicksman | May 21, 2026

The U.S. Constitution and Laws Do Not Protect Oil Companies from Being Sued over the Harm They Cause to the Climate

This excerpt is from a commentary originally published in The Conversation. In recent years, at least two dozen local and state governments have sued petroleum companies to recover the billions in costs they have incurred responding to and rebuilding after flooding, storms and wildfires – all of which have been worsened by changes to the […]

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.

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.

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?

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.

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.

U.S. Capitol in the sunshine in late autumn

James Goodwin | April 15, 2026

This Could be the Most Important Congressional Hearing of the Year

Two congressional hearings this week will put President Donald Trump’s budget proposal under the microscope, but the real story should be the administration official sent to defend it: Russell Vought. His rare appearance before Congress will give committee members a unique opportunity to confront the administration on the full range of its anti-constitutional, illegal, and otherwise harmful actions — provided they seize it.