
Senior #energy reporter @Law360. Aging beer leaguer. 🏒[email protected]. DM for Signal.
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NEW @Law360: Me and graphics wiz @FakeBenJay have created a site tracking #climatechange suits against #FossilFuel companies as they progress in the courts, with links to our latest coverage. It’ll be updated as case events happen, check it out: law360.com/climate-torts-tra…
My latest for @Law360: The Senate permitting bill proposes an unprecedented extension of @FERC’s enforcement reach into areas of #electricity grid planning policy that have been traditionally overseen by states, agency watchers tell me. law360.com/compliance/articl…
My latest for @Law360: The Trump administration wants to redo the approval of an offshore wind project off RI, home to permitting bill co-architect @SenWhitehouse, who has warned that continued anti-wind moves could derail bipartisan legislation. law360.com/compliance/articl…
My latest for @Law360: The Trump administration wants to redo the approval of an offshore wind project off RI, home to permitting bill co-architect @SenWhitehouse, who has warned that continued anti-wind moves could derail bipartisan legislation. law360.com/compliance/articl…
Good story from my @Law360 colleague @courtneybuble.
Keith Goldberg retweeted
Today, at President Trump’s direction, the Office of Foreign Assets Control (OFAC) is immediately issuing a temporary general license to allow the supply of Russian diesel to the global market.
My latest for @Law360: The Trump administration's moves renouncing its authority to regulate GHG emissions appear unlikely to sway #SCOTUS in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies. law360.com/appellate/article…
My coverage of Monday’s SCOTUS oral arguments in Exxon and Suncor’s bid to end climate change torts from Boulder , CO and other state and local governments. law360.com/appellate/article…
Keith Goldberg retweeted
Scoop: Enviros held a call Thurs in which progressive opponents tried to rally fence-sitters against the permitting bill. I obtained the transcript.
"We really have to have a pretty clear agreement by all parties that this is an effort to stop this bill, not to make it better"
Keith Goldberg retweeted
BREAKING: A senior Dem aide tells me the permitting deal is ON HOLD after staff re-read the text this am and found that language addressing five offshore wind projects Trump had attempted to stop "had changed substantially from the language that was originally negotiated."
Keith Goldberg retweeted
NEW in @PunchbowlNews PM: Democrats only signed off on tomorrow's mid-day presser to unveil the permitting bill after Republicans agreed to postpone any consideration of the legislation until post-election. Both sides have reached agreement to begin votes at start of lame duck
Keith Goldberg retweeted
Permitting reform?
“I'm just not going to devote whatever few brain cells I have left to something that's not going to happen,” Kennedy says after GOP lunch
Echoes of the skepticism over stoppages of offshore wind projects.
law360.com/articles/2432607?…
NEW: Trump’s ballroom? Actually it’s a ‘military complex.’ Trump’s arch? Also a ‘military complex.’ That press ban? A national security move.
The president keeps cloaking pet projects in NatSec rationales — and judges are increasingly looking askance.
politico.com/news/2026/09/25…
Keith Goldberg retweeted
The Trump Administration is considering a ban on diesel fuel exports. Let's unpack the legal authorities Trump could use to implement one:
1. The International Emergency Economic Powers Act (IEEPA). IEEPA, the 1977 emergency powers statute, would be the most straightforward legal authority for a diesel export ban. Trump would need to declare a new national emergency, potentially one related to global diesel markets, and could then issue an E.O. prohibiting diesel exports. (In some respects, this would be a mirror image of President Biden's use of IEEPA in 2022 to prohibit U.S. imports of Russian oil and refined products.) Trump could also authorize the Department of Energy to license diesel exports case by case to address unexpected adverse consequences. Existing IEEPA case law suggests courts would uphold such a ban.
As an aside, about a decade ago I interviewed one of the congressional staffers involved in drafting IEEPA, as part of my research into U.S. sanctions. He noted that Congress passed IEEPA against the backdrop of the Arab oil embargo of 1973–1974, and that Congress had energy market disruptions as well as sanctions on its mind when it enacted the statute.
2. The Defense Production Act (DPA). The DPA authorizes the President to "allocate" materials important to U.S. defense and to require companies to give "priority" to some contracts over others. The government has twice in recent years used this authority to restrict exports: (a) in 2020, President Trump used the DPA to restrict exports of personal protective equipment (PPE) during COVID-19; and (b) in August 2026, the Commerce Department, pursuant to a presidential determination, used the DPA to restrict exports of tungsten and battery scrap to boost domestic supplies of critical materials. (In both instances, the government set up a process to allow case-by-case exceptions).
The DPA's allocation authority is currently scheduled to expire on Dec. 11, with Congress considering a longer-term renewal but unlikely to act on one until after the midterms. (Of course, a ban that ran through Dec. 11 would cover the midterm elections, which appear to be the immediate focus.)
3. The Export Administration Act (EAA) formerly authorized export restrictions on goods determined to be in "short supply" in the U.S. economy. Congress, however, declined to renew expansive short-supply export provisions when it enacted the Export Control Reform Act in 2018, instead carrying forward only then-existing short-supply restrictions. Separately, a 2015 law lets the President restrict *crude oil* exports, but not refined product exports. (The U.S. had a statutory ban on exports of crude oil, but not refined products, between 1975 and 2015; the 2015 law that lifted it allows export restrictions in response to shortages or price hikes.)
Note: None of this is an endorsement of a diesel export ban on the policy merits, just an explanation of the legal possibilities.
Keith Goldberg retweeted
NEWS - Chris Wright throws some cold water on Trump backing diesel export ban: “The blunt tool of banning diesel exports definitely doesn’t work.:
BREAKING: Federal judge nixes @MIAttyGen’s climate antitrust suit against global oil giants, saying allegations they conspired to delay transition from fossil fuels to renewables don’t amount to valid antitrust claims. More TK. law360.com/articles/2528683?…
My latest for @Law360: Energy infrastructure projects could be subject to sweeping foreign ownership disclosure requirements under a proposed rule from the @USDA, injecting more uncertainty into acquisition, investment and development deals. law360.com/articles/2524017
The EPA on Monday finalized the rescission of a Biden-era rule that limited greenhouse gas emissions from power plants, and suggested that the agency shouldn't be regulating greenhouse gases emitted by the electricity sector. law360.com/articles/2524703
UPDATE: @ENERGY just renewed an emergency order keeping a Wash. coal plant open, and uses arguments that the DC Circuit rejected.
energy.gov/documents/doe-ord…
BREAKING: The DC Circuit nixed the @ENERGY order keeping a Mich. coal plant open, calling it an unjustified expansion of emergency authority. More TO. law360.com/articles/2524260?…















