iiinova — where your digital self keeps evolving

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Erik Schlenker-Goodrich @riogranderift.bsky.social · 4h

Insightful legal analysis of a highly problematic component of the Senate permitting deal (Sec. 1402) highly touted by bill proponents as a solution to Trump's War on Renewables but is in fact a major gift to all developers—in particular fossil fuels—that will hobble a future POTUS' climate action.

From attorney Matthew Littleton: "Section 1402 of the draft bipartisan permitting bill is deeply problematic. The apparent goal is to stop Presidents from imposing hard or soft bans (“pauses”) on development of certain types of energy resources. Whatever energy policy the next President pursues, however, the likely outcome of this provision is a massive public subsidy (hundreds of billions of dollars) for new fossil-energy projects, with little to no benefit for clean energy. Here’s why.

Section 1402 authorizes suits by developers for money damages against the United States in any federal district court where part of the proposed project is located. A developer must allege that the government missed one statutory deadline to decide on its application for a permit, right-of-way, etc. It’s up to the judge when the agency’s review clock began (there’s often dispute over when the permit application is complete) and when it ends (there’s often dispute over the degree of environmental review required). So even if the government acted in good faith to meet what it thought was the deadline, the judge can decide there’s a delay.

Next, the developer has to show a “pattern of disparate treatment,” meaning a substantial increase (as compared to the most recent 5 years) in the percentage of projects of this type that, in the judge’s estimation, were either delayed or “improperly denied.” Here’s where clean energy comes up short. Because the current Administration hasn’t moved those projects, an indefinite stall (including by a new President that continued it) would be no worse than the baseline. Lawsuits can’t be filed until late 2027, by which time the baseline will be dominated by Trump's practices."

Part 2 from Littleton: "Next, the judge decides whether the developer’s permit, were the agency to grant it, would be subject to cancellation for violating federal law. The question seems to be whether there is a hypothetical permit the agency could issue that would survive judicial review. That’s a low bar, given the deferential standard of review applied to agency factfinding and “public interest” determinations.

Section 1402 “entitles” a developer that wins its case to (1) “injunctive relief, as provided by applicable Federal law” (meaning an order that the agency decide on the application? issue the permit?); (2) attorneys fees and litigation costs; (3) “economic damages, including any costs associated with the applicable denial or delay, as the court determines appropriate” (what else is “included”?); and (4) “damages in an amount equal to not less than 50% and not more than 100% of the total reasonably expected cost of construction of the project.” The last of these four must be repaid if the project isn’t built; the developer keeps the rest of the money regardless.

A single claim under Section 1402 could top the total amount (~$40b) the government has paid out in all Judgment Fund claims over the last decade. This provision puts judges in real control over energy policy through the power of the purse."

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Erik Schlenker-Goodrich @riogranderift.bsky.social · 03/10/2026

Biologists, ecologists, public lands and wildlife advocates, river guides, hunters and anglers: we need you to defend the West’s natural heritage from the onslaught of fossil fuels, pipelines, data centers, & other infrastructure that the Senate permitting deal will unleash!

westernlaw.org

Five-alarm fire: Radical Senate ‘permitting reform’ bill threatens to eviscerate environmental, wildlife, water, climate laws - Western Environmental Law Center

The Republican-controlled Senate will soon formally announce a legislative “permitting reform” deal to speed the development of AI data centers and energy infrastructure. We expect the Senate will the...

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Matthew Gertz @mattgertz.bsky.social · 02/10/2026

They're holding up a major escalation in Iran and a crackdown on abortion until after the midterms to limit political damage. To the extent that the last two years have been a right-wing smash-and-grab operation, the next two will be worse.

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Erik Schlenker-Goodrich @riogranderift.bsky.social · 30/09/2026

Quite evident Republicans are thrilled they have a deal to weaken bedrock environmental laws—the Clean Water Act, Endangered Species Act, National Environmental Policy Act, & National Historic Preservation Act. This bill is one of the greatest attacks on environmental protections in U.S. history.

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John Fugelsang @johnfugelsang.bsky.social · 30/09/2026

People saying Schmidt “destroyed his career” seem to think the modern GOP base is put off by lies, stupidity and incompetency.

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Drew McKevitt @drewmckevitt.bsky.social · 29/09/2026

It's a bit of a bummer that the story today has been "look at this absolute doofus of a senator" and not "Jack Smith once again credibly accuses the president of many serious crimes"

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Josh Chafetz @joshchafetz.bsky.social · 29/09/2026

just laser focused on what voters care about

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Ron Filipkowski @ronfilipkowski.bsky.social · 28/09/2026

Russia is bombing museums, apartment buildings, hospitals, research facilities, schools, and parks. Ukraine is bombing military targets and refineries. Guess which one Trump has been complaining about?

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Rep. Melanie Stansbury (NM-01) @repstansbury.bsky.social · 27/09/2026

These people have no idea what’s happening in America right now. And, they don’t care. White House Deputy Chief of Staff post last night ⬇️

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MeidasTouch @meidastouch.com · 24/09/2026

Yeah, what psychopath would want his name on a building associated with an assassinated President

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Will Bunch @willbunch.bsky.social · 22/09/2026

I heard this clip in the car today...He said, "Send me to go fight the Redcoats," then "the communists," then "the Islamists" Somehow he skipped right over fighting "the Confederates" and "the fascists" I wonder why

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Ron Filipkowski @ronfilipkowski.bsky.social · 21/09/2026

Has he ever pressed his friend Putin to stop bombing civilians in Ukraine every day?

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Sean Casten @seancasten.bsky.social · 17/09/2026

This from a man who has asked his son to monitor his on-line porn consumption.

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Rep. Jim McGovern @repmcgovern.bsky.social · 15/09/2026

Like how Mark Zuckerberg did such a great job protecting our kids on Facebook and Instagram? Please.

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Kevin M. Kruse @kevinmkruse.bsky.social · 15/09/2026

Once again, this was how the Economist characterized the American economy on Election Day in 2024. We had a country on the brink of stunning success, but the Republicans knee-capped it with trade wars and real wars of their own choosing.

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Anne Applebaum @anneapplebaum.wsocial.eu · 14/09/2026

Your regular reminder: If the Russians stop fighting, the war ends. If the Ukrainians stop fighting, their land will be occupied, their leaders will be killed, their history and language will be erased, their children will be kidnapped to serve Russia.

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Anne Applebaum @anneapplebaum.wsocial.eu · 14/09/2026

Kremlev, the Russian who sponsored Don Jr's wedding, is a former member of the Night Wolves biker gang, went to China with Putin and is personally sanctioned by Ukraine for his role in abducting children. He praises Stalin on social media www.propublica.org/article/dona...

propublica.org

Donald Trump Jr.’s Wedding Bankrolled by Putin-Linked Russian Oligarch

The oligarch, Umar Kremlev, spent hundreds of thousands on expenses like renting out a private island. He appears to have met Trump Jr. only recently, but he attended the intimate wedding with a large...

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Grant Tosterud @granttosterud.bsky.social · 10/09/2026

New Mexico just had its warmest summer on record, by a long shot. The statewide average temperature was 76.2°, a full 1° warmer than the old record and 3.8° above normal. Nine of the 10 hottest summers on record have been since 2002. #NMwx

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Andrew Weinstein @andrewjweinstein.com · 09/09/2026

You know who actually did show up at Ground Zero? Canadian emergency rescue crews.

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Don Moynihan @donmoyn.bsky.social · 09/09/2026

This is a lie. Job growth and labor force participation rates are declining. The declining SNAP coverage is not a sign of economic health, but that the administrative burdens embedded in the One Big Beautiful Bill Act are leading to massive coverage loss. donmoynihan.substack.com/p/when-the-o...

donmoynihan.substack.com

When the One Big Beautiful Bill comes due

Real people are losing SNAP. Medicaid will be next

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Indivisible ❌👑 @indivisible.org · 08/09/2026

Later this week, the Senate could vote on a bill that would turbocharge Trump’s corruption. Republicans only need to peel off a handful of Democrats to pass this crypto legislation, so our senators need to hear from us. Send an email and demand that your senators vote NO on the CLARITY Act.

act.indivisible.org

Urge Your Senators to Oppose and Stop Trump's Crypto Corruption

Last year, the House passed the CLARITY Act (H.R. 3633), a bill disguised as “crypto regulation” that actually serves the billionaires and bad actors at the center of today’s crypto chaos. This bill d...

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Bill Kristol @billkristolbulwark.bsky.social · 07/09/2026

Lots of coverage of Trump on renaming New Mexico, New America. But people are too polite to point out Trump has no interest in renaming New England or New Hampshire or New Jersey or New York. It's Mexico and Mexicans and Latinos he wants to taunt. It's childish idiocy, but it's also a dog whistle.

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Will Bunch @willbunch.bsky.social · 03/09/2026

Or, the Justice Department hijacked this case to prevent much more serious (and deserved) charges, and they wanted you to write this headline making them look good

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Ron Filipkowski @ronfilipkowski.bsky.social · 31/08/2026

They think this bullshit is going to keep them in the majority after screwing the American people and covering up Trump’s corruption.

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Dave Jorgenson @davejorgenson.bsky.social · 30/08/2026

The renaming of this lake is so dumb and petty and should not be the focus of the news right now but … I cannot overstate enough just how sad and pathetic this update is for Google

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Barb McQuade @barbmcquade.bsky.social · 29/08/2026

The ability of billionaires to influence our politics has destroyed our democracy. So much for one person one vote. They are buying elections. We need a constitutional amendment to rid ourselves of the poison of Buckley v Valeo and Citizens United. Gift link: www.nytimes.com/interactive/...

nytimes.com

Meet the Megadonors Who Have Poured $1.2 Billion Into the Midterms (Gift Article)

The leaderboard of the top 20 donors is dominated by the tech industry and ultrawealthy Republicans.

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Aaron Reichlin-Melnick @reichlinmelnick.bsky.social · 28/08/2026

We are a broken nation. Hundreds of thousands of Haitians were living and working legally, paying taxes, and contributing. Haiti remains wholly unsafe. But Trump hates Haitians, and the White House wanted videos of Black people in chains, so they stripped them of status and turned on the cameras.

Homeland Security 7
@DHSgov
X.com
Haiti TPS has been TERMINATED.
Those with terminated TPS are in our nation Illegally. They have two options: LEAVE IMMEDIATELY or be DEPORTED.
DHS.GOV/CBРНОМЕ

Underneath is a screenshot of a video showing two Haitian men in chains being led to the aircraft. I didn’t post the video, but it’s vile.

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Kevin M. Kruse @kevinmkruse.bsky.social · 21/08/2026

As soon as there‘s a Democrat in the White House again, John Roberts will discover all kinds of new limitations on their presidential powers, but for now, President Make-a-Wish gets whatever his little heart desires

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Joshua Holland @joshuaholland.bsky.social · 19/08/2026

Gonna be a big problem as soon as a Dem is in office.

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Max Boot @maxboot.bsky.social · 16/08/2026

Great timing. Trump is aligning himself with North Korea while it’s sending more men and missiles to help Russia attack Ukraine.

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Seth Cotlar @sethcotlar.bsky.social · 16/08/2026

January 6 was only 5 and a half years ago, and we’ve already cycled through investigation, indictment, conviction, pardon, and now gleeful promises to do it again only with actual hanging rather than just chants about it. Nice job GOP.

Enrique Tarrio O
@NobleOne
X.com
They're still doing it because we didn't hang them
last time.
3:18 PM • 8/15/26 • 11K Views

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Missing The Point @missingthept.bsky.social · 14/08/2026

President Trump famously disparaged military dead by calling them "losers" and "suckers," but apparently he doesn't care much for them when they're alive either.

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James Talarico @jamestalarico.bsky.social · 10/08/2026

God already built a wall through Big Bend — it's called the Chisos Mountains. We don't need to give billions of our tax dollars to out of state vendors. We don't need to desecrate this sacred land. We don't need this useless, disgraceful, corrupt Big Bend border wall.

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Senator Ben Ray Luján @lujan.senate.gov · 05/08/2026

Taking food from 5 million Americans – including 1.5 million children – is nothing to be proud of.

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Kevin M. Kruse @kevinmkruse.bsky.social · 03/08/2026

Every vote to confirm Todd Blanche as attorney general is a vote to continue the coverup of the Epstein Files.

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Ron Filipkowski @ronfilipkowski.bsky.social · 03/08/2026

Good to know after a tough weekend on the golf course the president is back at work laser focused on improving the lives of Americans by resuming his deranged AI marathon.

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Bill Kristol @billkristolbulwark.bsky.social · 01/08/2026

The Interior Department is lying. DOJ is lying. DOD is lying. It goes without saying DHS is lying. And whatever setbacks they suffer (which are good!), they will keep on lying. The Trump administration won't change. It can't be fixed. The task is to weaken it, and limit the damage it can do.

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MeidasTouch @meidastouch.com · 01/08/2026

We could've made this montage of liars an hour long but you get the point

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Kristy Greenberg @kristygreenberg.bsky.social · 29/07/2026

Hurling F-bombs at an 85-year-old scientist who won’t fight back doesn’t make you tough. Staying silent after your own daughter accused Rep. Max Miller of holding a gun to her head, pushing her against a wall, and fracturing your granddaughter’s collarbone makes you a coward.

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Radley Balko @radleybalko.bsky.social · 16/07/2026

"Stop criticizing us or will keep murdering people" is just a jaw-dropping thing for a government official to say.

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Matthew McQueen @mcqueenfornm.bsky.social · 01/07/2026

It's official! As of today, New Mexico has a "Department of Wildlife."

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Sierra Club Rio Grande Chapter @sierrariogrande.bsky.social · 30/06/2026

Trump is gutting bonding and royalty rates for oil and gas even as the leave their messes on public and state lands. Our Oil Conservation Division has the chance to the do the right thing to protect our water, air and lands. #NMleg

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