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The West loves its wide open spaces. Utah, though, is something else.

Every state would like to think itself singular but, truly, there is no place like Utah. The Beehive State has long fascinated outsiders; today, that attention is largely trained on Netflix exposés about the Church of Jesus Christ of Latter-day Saints, ballerina farmers, and Crumbl cookies, but historically, the obsession has been with its land. Utah has the nation’s highest density of National Parks; its rivers, canyons, mountains, and deserts have stirred Mark Twain, John Wesley Powell, John Muir, and Edward Abbey. To quote a more contemporary literary conduit, Post Malone: “It’s a free country out there. You can buy suppressors in Utah. You can … walk into the grocery store with a handgun on your hip. Cowboy shit.”
More recently, Utah has sought out a different source of outsider attention — that of the United States Supreme Court. Two lawsuits that originated in the state are currently under consideration by the justices. The first, Seven County Infrastructure Coalition v. Eagle County, Colorado, concerns the scope of the National Environmental Policy Act with regard to the construction of a railroad spur that would link Utah’s oil fields to the national rail lines. (Though the tracks would be in Utah, the connection would ultimately increase hazardous waxy crude oil shipments through the Colorado county in the case citation.) The second lawsuit, Utah v. the United States — which the court has yet to decide whether or not it will hear — involves the state suing the federal government over its allegedly unconstitutional control of “unused” lands by the Bureau of Land Management. If Utah prevails in the case, it could mean the vast reshaping of the American West, about 47% of which is federal land.
“Utah is all crazy, all the time right now,” Stephen Bloch, the legal director of the Southern Utah Wilderness Alliance, a conservation nonprofit opposing Utah v. the U.S., told me.
While not immediately apparent, there is nevertheless a strange logic to the two lawsuits that otherwise appear to have little to do with one another beyond the fact of their geography. At their core, both cases are ultimately about who gets to decide to do what with Utah’s land.
To anyone familiar with land use issues in the Mountain West, all of this is fairly routine. A strain of libertarianism and anti-government individualism runs through the more conservative inland Western states, coloring everything from the gun ownership policies so colorfully observed by Post Malone to whom the states back for president. Yet in the extent to which it is willing to pursue this common ideal, Utah is still an outlier.
“Westerners revere their public lands,” Betsy Gaines Quammen, a historian and author of American Zion: Cliven Bundy, God & Public Lands in the West, told me. “This is what makes the West the West — that you can come out and just go hiking, and you’re not trespassing.” Take the recent Montana Senate race, in which incumbent Democrat Jon Tester wielded his opponent Tim Sheehy’s comparatively mild comments about privatizing public lands as a cudgel in a deep red state. (Tester, it must be added, lost his reelection bid.) But in Utah, instead of celebrating federal land as the embodiment of this Western inheritance, its politicians are trying to eliminate them.
In the case of Utah, this goal is immediate and obvious. State officials claim that the 18.5 million acres of “unappropriated” BLM land in the state — that is, public lands not already designated as national parks, monuments, wilderness areas, national forests and conservation areas, or Tribal lands — are held in violation of the U.S. Constitution, which doesn’t explicitly authorize the federal government to hold land indefinitely. “Utah deserves priority when it comes to managing this land,” the state’s Republican Governor Spencer Cox said at a news conference in August, adding, “Utah is in the best position to understand and respond to the unique needs of our environment and communities.”
While Utah’s crown jewel, its “Mighty Five” National Parks, would remain under federal management, the state of Wyoming — which has backed Utah’s lawsuit in an amicus brief along with Idaho, Alaska, and the Arizona legislature — wants even more. “In Wyoming’s filing, they’re like, ‘Oh no, we’re in for everything,” Bloch said. “‘There shouldn’t be any federal land in Wyoming’ — including national parks.” More than 95% of Yellowstone National Park — the nation’s first national park, designated in 1872 — sits within Wyoming’s borders.
It seems doubtful that the Supreme Court will take up this case. For one thing, Utah is attempting to leapfrog the lower courts by taking its complaints directly to SCOTUS, a shortcut it says is justified by its concerns being “of profound importance not just to Utah, but to all the States in the Nation.” For another, President Biden’s Department of Justice has pointed out that what Utah seeks is outside the powers vested in the judicial branch; only Congress has decision-making authority over public lands. On the other hand, “Anyone right now, I think, would hesitate to say definitively, ‘Here’s what the Supreme Court will do,’” Aaron Weiss, the deputy director of the Center for Western Priorities, a nonpartisan conservation advocacy group, told me.
Seven County Infrastructure Coalition is a different story. Opponents of the railway claim that the government’s environmental review took into account the remote economic benefits of the railway — including induced employment, a notoriously inexact projection — while not equally weighing the indirect health impacts of the rail line, such as the pollution of additional fracking wells in the Uinta Basin or frontline communities near the refineries on the Gulf, where the crude oil is ultimately headed. The Supreme Court (minus Neil Gorsuch, who recused himself at the 11th hour) heard oral arguments in the case this week, however, and appears on track to rule that the government’s NEPA review for the railroad was sufficient. That would ultimately be a win for the Uinta Basin Railway and the business coalition that brought the suit after the U.S. Court of Appeals for the District of Columbia Circuit ruled there were flaws in the upstream and downstream analyses.
“I’m really worried that the court could end up inadvertently blessing this fundamentally arbitrary, imbalanced result, where an agency is allowed to talk about all the indirect benefits that they want — to go as far down the line, as far upstream, to the ends of the Earth chasing these indirect benefits — but not bother talking about the corresponding costs,” Jason Schwartz, the legal director at the Institute for Policy Integrity at New York University’s School of Law, told me. “That undermines the very purpose of NEPA, which was to present the public and decision-makers with a full and balanced view of both the economic and environmental perspectives.” (Schwartz authored an amicus brief for the Institute of Policy Integrity against the government’s NEPA review.)
A ruling that reaffirms the current scope of NEPA wouldn’t be a shock — the court has always sided with the government in such cases, E&E News notes. What’s different this time is that the plaintiffs presented the court with a third option, an avenue that would severely limit the scope of the NEPA’s environmental review process going forward by restraining agency considerations only to what falls under their immediate purview. Chief Justice John Roberts has sounded skeptical of this pitch so far; it’s this third path, however, that the oil and gas producer Anschutz submitted an amicus brief to the court to support, drawing attention to the fact that “far more is at stake … than the 88-mile rail line in rural Utah.” (The company’s owner, Philip Anchutz, has close ties to Gorsuch.)
“There are so many ways to make NEPA more efficient without arbitrarily decreasing the sometimes crucial information related to indirect effects that NEPA currently provides,” Schwartz told me. Sam Sankar, the senior vice president for programs at Earthjustice, which is supporting the defense, added to me that his read on Seven County Infrastructure Coalition case is that it proves how this Supreme Court has “a pretty aggressive deregulatory, anti-environmental agenda.” The Seven County Infrastructure Coalition told Heatmap in a statement that with regards to the railroad, “we remain committed to advancing this critical infrastructure, which aims to unlock economic opportunities and support the region’s long-term development,” but that it could not comment further as the case remains under deliberation.
A threat to NEPA is also a challenge to who gets a say in what Utah does with its land, of course. Like Utah v. the U.S., the filing for Seven County Infrastructure Coalition bristles with indignation over the government’s determinations about how things should be done or what impacts should be considered, even if the Surface Transportation Board ultimately gave the railroad the green light. Utah, meanwhile, originated as a reaction to the BLM’s Public Lands Rule, in which the agency considers conservation as a land use on equal footing with those of energy development, mining, or grazing. (Specifically, Utah lawmakers were furious about the BLM closing some roads to motorized vehicles. “That’s something that Utah gets very worked up about,” Bloch, the legal director at SUWA, told me.)
There is always a risk of overascribing the state of Utah’s otherwise seemingly inexplicable actions to Mormonism — a religion that is far from monolithic and is often the subject of derision from outsiders. But Quammen, the historian, told me that you can’t separate today’s public land policies from the cultural and theological inheritances and beliefs reinforced over generations of Mormon tradition. “A lot of the people taking these stands [over public lands] come from families that have been in that area for generations, so they have stories and ideologies that have been passed down — as has their relationship with the land,” Quammen explained.
Weiss, of Western Priorities, concurred. “There are some folks in Utah who truly believe that this land belongs to them,” he said.
Quammen noted by way of example that Cliven Bundy, who led a standoff at the Malheur National Wildlife Refuge in Oregon in 2016 over the demand that the BLM cede its land to the states, told her his legal right to the public lands where he grazes his cattle in Nevada started when his ancestor’s horse drank from its Virgin River — although in fact it was a Southern Paiute river before that. (That’s not the only historically inaccurate ownership claim that might be at play in Utah; Bloch of SUWA noted that the lands within the exterior boundaries of the state were ceded to the federal government in 1848 through the Treaty of Guadalupe Hidalgo at the end of the U.S.-Mexico War, and in that sense, “they’ve never been ‘Utah lands’ so there’s nothing to ‘give back’ to Utah.”)
Preservationists and conservationists during the settlement era saw Utah’s landscape as untrammeled (“also not true, because it was Indigenous land,” Quammen added) and in need of protection, but early church belief viewed it differently. “They thought that the land being utilized, built, and made productive was pleasing to the eye of God,” Quammen said. Finally, Joseph Smith, the founder of LDS, emphasized the importance of his adherents understanding the U.S. Constitution inside and out. In the case of public lands disputes, this resurfaces in the claim that the federal government can’t own land indefinitely, Quammen told me. “That’s the piece about understanding the Constitution better than constitutional scholars.” Ironically, it disregards the state’s constitution, in which Utah explicitly agreed in 1894 to “forever disclaim[s] all right and title to the unappropriated public lands” in order to be granted statehood.
There is, of course, a significant small-government push in the Republican Party, too; privatizing land was part of the party’s presidential platform this year. It can be hard to tell, however, where one influence ends and another begins: William Perry Pendley, a key figure in the Reagan administration during the Sagebrush Rebellion fight over public lands in the 1970s and 1980s, authored the Project 2025 chapter on the Department of the Interior. Doug Burgum, Trump’s nominee for the head of the department, recently met with Utah’s Republican Senator Mike Lee, a devout Latter-Day Saint, who afterward posted, “Great meeting with @dougburgum and planning the return of American lands to the American people.” And if Trump attempts to walk back protections of Bears Ears and Grand Staircase Escalante National Monuments again, that land would be added to the pot of what Utah is seeking to acquire.
Utah’s organizers seem prepared to make an appeal to Congress or the Trump administration if the Supreme Court doesn’t make a move in their favor; funding for the messaging for Stand for Our Land, the publicity arm of the lawsuit, has reportedly outpaced the spending on lawyers. (A request for comment to the Utah Attorney General’s Office and Gov. Spencer J. Cox went unanswered.)
The implications of the Supreme Court’s decisions on limiting the scope of NEPA or hearing the public lands lawsuit are vast in both cases. The former could ease the way for expansive oil and gas development in Utah, which would be “a bona fide public health nightmare,” according to Brian Moench, an anesthesiologist on the board of Utah Physicians for a Healthy Environment, which is opposing the railroad, due to all the additional pollution. “If they’re allowed to do this and increase the oil and gas drilling production by 500% — I don't know what you would call the end result. Unlivable, as far as I’m concerned.”
In the case of the public lands, meanwhile, “I think [Utah is] trying to give the impression that these are scrubby lands that nobody cares about when, in fact, it concerns landscapes like Labyrinth Canyon or the Dirty Devil or the Fisher Towers — these very iconic red rock landscapes that Americans think about when they think about visiting the state,” Bloch told me. “Those are the types of places in the crosshairs with this lawsuit.”
Ironically, it’s doubtful that a transfer of public lands would even benefit most Utahns. Because states can’t run deficits, a disaster like a bad wildfire would drain the Utah budget. Additionally, ranchers would pay far more for grazing their cattle on state lands (as high as $19.50 per animal unit per month, per the BLM) than on federal lands, where the fee is a dirt-cheap $1.35. Ultimately, the state likely wouldn’t even possess much of the land it claims to want so badly.
Utah’s politicians “would much prefer to be able to sell off any lands that they want — whether it’s for oil and gas leasing, whether it’s for mansions near national parks. This is very valuable land and a very valuable resource that belongs to all Americans,” Weiss of Western Priorities said. “And Utah would prefer if it belonged to them.”
Public lands and pride in the natural environment are fundamental to many Westerners’ beliefs and identities. By that token, it would seem Utah has made a miscalculation that only an insider could truly appreciate the cost of; by taking over control of portions of its territory from the federal government, it would be, in effect, boxing Utahns out of their own lands —a craven, modern twist if ever there was one.
But to be able to hike or hunt, to pitch a tent, to fish, to stargaze, to graze one’s cattle on nearly 70% of the land in Utah, because it belongs to us, the public?
Now that’s cowboy shit.
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Europeans have been “snow farming” for ages. Now the U.S. is finally starting to catch on.
February 2015 was the snowiest month in Boston’s history. Over 28 days, the city received a debilitating 64.8 inches of snow; plows ran around the clock, eventually covering a distance equivalent to “almost 12 trips around the Equator.” Much of that plowed snow ended up in the city’s Seaport District, piled into a massive 75-foot-tall mountain that didn’t melt until July.
The Seaport District slush pile was one of 11 such “snow farms” established around Boston that winter, a cutesy term for a place that is essentially a dumpsite for snow plows. But though Bostonians reviled the pile — “Our nightmare is finally over!” the Massachusetts governor tweeted once it melted, an event that occasioned multiple headlines — the science behind snow farming might be the key to the continuation of the Winter Olympics in a warming world.
The number of cities capable of hosting the Winter Games is shrinking due to climate change. Of 93 currently viable host locations, only 52 will still have reliable winter conditions by the 2050s, researchers found back in 2024. In fact, over the 70 years since Cortina d’Ampezzo first hosted the Olympic Games in 1956, February temperatures in the Dolomites have warmed by 6.4 degrees Fahrenheit, according to Climate Central, a nonprofit climate research and communications group. Italian organizers are expected to produce more than 3 million cubic yards of artificial snow this year to make up for Mother Nature’s shortfall.
But just a few miles down the road from Bormio — the Olympic venue for the men’s Alpine skiing events as well as the debut of ski mountaineering next week — is the satellite venue of Santa Caterina di Valfurva, which hasn’t struggled nearly as much this year when it comes to usable snow. That’s because it is one of several European ski areas that have begun using snow farming to their advantage.
Like Ruka in Finland and Saas-Fee in Switzerland, Santa Caterina plows its snow each spring into what is essentially a more intentional version of the Great Boston Snow Pile. Using patented tarps and siding created by a Finnish company called Snow Secure, the facilities cover the snow … and then wait. As spring turns to summer, the pile shrinks, not because it’s melting but because it’s becoming denser, reducing the air between the individual snowflakes. In combination with the pile’s reduced surface area, this makes the snow cold and insulated enough that not even a sunny day will cause significant melt-off. (Neil DeGrasse Tyson once likened the phenomenon to trying to cook an entire potato with a lighter; successfully raising the inner temperature of a dense snowball, much less a gigantic snow pile, requires more heat.)
Shockingly little snow melts during storage. Snow Secure reports a melt rate of 8% to 20% on piles that can be 50,000 cubic meters in size, or the equivalent of about 20 Olympic swimming pools. When autumn eventually returns, ski areas can uncover their piles of farmed snow and spread it across a desired slope or trail using snowcats, specialized groomers that break up and evenly distribute the surface. For Santa Caterina, the goal was to store enough to make a nearly 2-mile-long cross-country trail — no need to wait for the first significant snowfall of the season, which creeps later and later every year.
“In many places, November used to be more like a winter month,” Antti Lauslahti, the CEO of Snow Secure, told me. “Now it’s more like a late-autumn month; it’s quite warm and unpredictable. Having that extra few weeks is significant. When you cannot open by Thanksgiving or Christmas, you can lose 20% to 30% of the annual turnover.”
Though the concept of snow farming is not new — Lauslahti told me the idea stems from the Finnish tradition of storing snow over the summer beneath wood chips, once a cheap byproduct of the local logging industry — the company's polystyrene mat technology, which helps to reduce summer melt, is. Now that the technique is patented, Snow Secure has begun expanding into North America with a small team. The venture could prove lucrative: Researchers expect that by the end of the century, as many as 80% of the downhill ski areas in the U.S. will be forced to wait until after Christmas to open, potentially resulting in economic losses of up to $2 billion.
While there have been a few early adopters of snow farming in Wisconsin, Utah, and Idaho, the number of ski areas in the United States using the technique remains surprisingly low, especially given its many other upsides. In the States, the most common snow management system is the creation of artificial snow, which is typically water- and energy-intensive. Snow farming not only avoids those costs — which can also have large environmental tolls, particularly in the water-strapped West — but the super-dense snow farming produces is “really ideal” for something like the Race Centre at Canada’s Sun Peaks Resort, where top athletes train. Downhill racers “want that packed, harder, faster snow,” Christina Antoniak, the area’s director of brand and communications, told me of the success of the inaugural season of snow farming at Sun Peaks. “That’s exactly what stored snow produced for that facility.”
The returns are greatest for small ski areas, which are also the most vulnerable to climate change. While the technology is an investment — Antoniak ballparked that Sun Peaks spent around $185,000 on Snow Secure’s siding — the money goes further at a smaller park. At somewhere like Park City Mountain in Utah, stored snow would cover only a small portion of the area’s 140 miles of skiable routes. But it can make a major difference for an area down the road like the Soldier Hollow Nordic Center, which has a more modest 20 miles of cross-country trails.
In fact, the 2025-2026 winter season will be the Nordic Center’s first using Snow Secure’s technology. Luke Bodensteiner, the area’s general manager and chief of sport, told me that alpine ski areas are “all very curious to see how our project goes. There is a lot of attention on what we do, and if it works out satisfactorily, we might see them move into it.”
Ensuring a reliable start to the ski season is no small thing for a local economy; jobs and travel plans rely on an area being open when it says it will be. But for the Soldier Hollow Nordic Center, the stakes are even higher: The area is one of the planned host venues of the 2034 Salt Lake City Winter Games. “Based on historical weather patterns, our goal is to be able to make all the snow that we need for the entire Olympic trail system in two weeks,” Bodensteiner said, adding, “We envision having four or five of these snow piles around the venue in the summer before the Olympic Games, just to guarantee — in a worst case scenario — that we’ve got snow on the venue.”
Antoniak, at Canada’s Sun Peaks, also told me that their area has been a bit of a “guinea pig” when it comes to snow farming. “A lot of ski areas have had their eyes on Sun Peaks and how [snow farming is] working here,” she told me. “And we’re happy to have those conversations with them, because this is something that gives the entire industry some more resiliency.”
Of course, the physics behind snow farming has a downside, too. The same science saving winter sports is also why that giant, dirty pile of plowed snow outside your building isn’t going anywhere anytime soon.
Current conditions: A train of three storms is set to pummel Southern California with flooding rain and up to 9 inches mountain snow • Cyclone Gezani just killed at least four people in Mozambique after leaving close to 60 dead in Madagascar • Temperatures in the southern Indian state of Kerala are on track to eclipse 100 degrees Fahrenheit.
What a difference two years makes. In April 2024, New York announced plans to open a fifth offshore wind solicitation, this time with a faster timeline and $200 million from the state to support the establishment of a turbine supply chain. Seven months later, at least four developers, including Germany’s RWE and the Danish wind giant Orsted, submitted bids. But as the Trump administration launched a war against offshore wind, developers withdrew their bids. On Friday, Albany formally canceled the auction. In a statement, the state government said the reversal was due to “federal actions disrupting the offshore wind market and instilling significant uncertainty into offshore wind project development.” That doesn’t mean offshore wind is kaput. As I wrote last week, Orsted’s projects are back on track after its most recent court victory against the White House’s stop-work orders. Equinor's Empire Wind, as Heatmap’s Jael Holzman wrote last month, is cruising to completion. If numbers developers shared with Canary Media are to be believed, the few offshore wind turbines already spinning on the East Coast actually churned out power more than half the time during the recent cold snap, reaching capacity factors typically associated with natural gas plants. That would be a big success. But that success may need the political winds to shift before it can be translated into more projects.

President Donald Trump’s “drill, baby, drill” isn’t moving American oil extractors, whose output is set to contract this year amid a global glut keeping prices low. But production of natural gas is set to hit a record high in 2026, and continue upward next year. The Energy Information Administration’s latest short-term energy outlook expects natural gas production to surge 2% this year to 120.8 billion cubic feet per day, from 118 billion in 2025 — then surge again next year to 122.3 billion cubic feet. Roughly 69% of the increased output is set to come from Appalachia, Louisiana’s Haynesville area, and the Texas Permian regions. Still, a lot of that gas is flowing to liquified natural gas exports, which Heatmap’s Matthew Zeitlin explained could raise prices.
The U.S. nuclear industry has yet to prove that microreactors can pencil out without the economies of scale that a big traditional reactor achieves. But two of the leading contenders in the race to commercialize the technology just crossed major milestones. On Friday, Amazon-backed X-energy received a license from the Nuclear Regulatory Commission to begin commercial production of reactor fuel high-assay low-enriched uranium, the rare but potent material that’s enriched up to four times higher than traditional reactor fuel. Due to its higher enrichment levels, HALEU, pronounced HAY-loo, requires facilities rated to the NRC’s Category II levels. While the U.S. has Category I facilities that handle low-enriched uranium and Category III facilities that manage the high-grade stuff made for the military, the country has not had a Category II site in operation. Once completed, the X-energy facility will be the first, in addition to being the first new commercial fuel producer licensed by the NRC in more than half a century.
On Sunday, the U.S. government airlifted a reactor for the first time. The Department of Defense transported one of Valar Atomics’ 5-megawatt microreactors via a C-17 from March Air Reserve Base in California to Hill Air Force Base in Utah. From there, the California-based startup’s reactor will go to the Utah Rafael Energy Lab in Orangeville, Utah, for testing. In a series of posts on X, Isaiah Taylor, Valar’s founder, called the event “a groundbreaking unlock for the American warfighters.” His company’s reactor, he said, “can power 5,000 homes or sustain a brigade-scale” forward operating base.
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After years of attempting to sort out new allocations from the dwindling Colorado River, negotiators from states and the federal government disbanded Friday without a plan for supplying the 40 million people who depend on its waters. Upper-basin states Colorado, Utah, Wyoming, and New Mexico have so far resisted cutting water usage when lower-basin states California, Arizona, and Nevada are, as The Guardian put it, “responsible for creating the deficit” between supply and demand. But the lower-basin states said they had already agreed to substantial cuts and wanted the northern states to share in the burden. The disagreement has created an impasse for months; negotiators blew through deadlines in November and January to come up with a solution. Calling for “unprecedented cuts” that he himself described as “unbelievably harsh,” Brad Udall, senior water and climate research scientist at Colorado State University’s Colorado Water Center, said: “Mother Nature is not going to bail us out.”
In a statement Friday, Secretary of the Interior Doug Burgum described “negotiations efforts” as “productive” and said his agency would step in to provide guidelines to the states by October.
Europe’s “regulatory rigidity risks undermining the momentum of the hydrogen economy. That, at least, is the assessment of French President Emmanuel Macron, whose government has pumped tens of billions of euros into the clean-burning fuel and promoted the concept of “pink hydrogen” made with nuclear electricity as the solution that will make energy technology take off. Speaking at what Hydrogen Insight called “a high-level gathering of CEOs and European political leaders,” Macron, who is term-limited in next year’s presidential election, said European rules are “a crazy thing.” Green hydrogen, the version of the fuel made with renewable electricity, remains dogged by high prices that the chief executive of the Spanish oil company Repsol said recently will only come down once electricity rates decrease. The Dutch government, meanwhile, just announced plans to pump 8 billion euros, roughly $9.4 billion, into green hydrogen.
Kazakhstan is bringing back its tigers. The vast Central Asian nation’s tiger reintroduction program achieved record results in reforesting an area across the Ili River Delta and Southern Balkhash region, planting more than 37,000 seedlings and cuttings on an area spanning nearly 24 acres. The government planted roughly 30,000 narrow-leaf oleaster seedlings, 5,000 willow cuttings, and about 2,000 turanga trees, once called a “relic” of the Kazakh desert. Once the forests come back, the government plans to eventually reintroduce tigers, which died out in the 1950s.
In this special episode, Rob goes over the repeal of the “endangerment finding” for greenhouse gases with Harvard Law School’s Jody Freeman.
President Trump has opened a new and aggressive war on the Environmental Protection Agency’s ability to limit climate pollution. Last week, the EPA formally repealed its scientific determination that greenhouse gases endanger human health and the environment.
On this week’s episode of Shift Key, we find out what happens next.
Rob is joined by Jody Freeman, the director of the Environmental and Energy Law Program at Harvard Law School, to discuss the Trump administration’s war on the endangerment finding. They chat about how the Trump administration has already changed its argument since last summer, whether the Supreme Court will buy what it’s selling, and what it all means for the future of climate law.
They also talk about whether the Clean Air Act has ever been an effective tool to fight greenhouse gas pollution — and whether the repeal could bring any upside for states and cities.
Shift Key is hosted by Robinson Meyer, the founding executive editor of Heatmap News.
Subscribe to “Shift Key” and find this episode on Apple Podcasts, Spotify, Amazon, or wherever you get your podcasts.
You can also add the show’s RSS feed to your podcast app to follow us directly.
Here is an excerpt from our conversation:
Jody Freeman: The scientific community, you know, filed comments on this proposal and just knocked all of the claims in the report out of the box, and made clear how much evidence not only there was in 2009, for the endangerment finding, but much more now. And they made this very clear. And the National Academies of Science report was excellent on this. So they did their job. They reflected the state of the science and EPA has dropped any frontal attack on the science underlying the endangerment finding.
Now, it’s funny. My reaction to that is like twofold. One, like, yay science, right? Go science. But two is, okay, well, now the proposal seems a little less crazy, right? Or the rule seems a little less crazy. But I still think they had to fight back on this sort of abuse of the scientific record. And now it is the statutory arguments based on the meaning of these words in the law. And they think that they can get the Supreme Court to bite on their interpretation.
And they’re throwing all of these recent decisions that the Supreme Court made into the argument to say, look what you’ve done here. Look what you’ve done there. You’ve said that agencies need explicit authority to do big things. Well, this is a really big thing. And they characterize regulating transportation sector emissions as forcing a transition to EVs. And so to characterize it as this transition unheralded, you know, and they need explicit authority, they’re trying to get the court to bite. And, you know, they might succeed, but I still think some of these arguments are a real stretch.
Robinson Meyer: One thing I would call out about this is that while they’ve taken the climate denialism out of the legal argument, they cannot actually take it out of the political argument. And even yesterday, as the president was announcing this action — which, I would add, they described strictly in deregulatory terms. In fact, they seemed eager to describe it not as an environmental action, not as something that had anything to do with air and water, not even as a place where they were. They mentioned the Green New Scam, quote-unquote, a few times. But mostly this was about, oh, this is the biggest deregulatory action in American history.
It’s all about deregulation, not about like something about the environment, you know, or something about like we’re pushing back on those radicals. It was ideological in tone. But even in this case, the president couldn’t help himself but describe climate change as, I think the term he used is a giant scam. You know, like even though they’ve taken, surgically removed the climate denialism from the legal argument, it has remained in the carapace that surrounds the actual ...
Freeman: And I understand what they say publicly is, you know, deeply ideological sounding and all about climate is a hoax and all that stuff. But I think we make a mistake … You know, we all get upset about the extent to which the administration will not admit physics is a reality, you know, and science is real and so on. But, you know, we shouldn’t get distracted into jumping up and down about that. We should worry about their legal arguments here and take them seriously.
You can find a full transcript of the episode here.
Mentioned:
From Heatmap: The 3 Arguments Trump Used to Gut Greenhouse Gas Regulations
Previously on Shift Key: Trump’s Move to Kill the Clean Air Act’s Climate Authority Forever
Rob on the Loper Bright case and other Supreme Court attacks on the EPAThis episode of Shift Key is sponsored by ...
This episode of Shift Key is sponsored by ...
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Music for Shift Key is by Adam Kromelow.