energy law

Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit on Dec. 1 is important for two reasons. It clarifies a puzzling procedural rule applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator.  Since you’re probably more interested in the second point than …

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Reviewing Agency Indecision

The Third Circuit straightens out a quirk in FERC law, to the benefit of renewable energy.

A case decided by the Third Circuit last week is important for two reasons. It clarifies an important procedural issue applying to the Federal Energy Regulatory Commission (FERC). And it upholds an important policy shift regarding renewable energy by the country’s largest grid operator.  Since you’re probably more interested in the second point than the …

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Predictions of IRA’s Success Solidify

IRA’s early impacts have been dramatic, and there’s a consensus that it will bend the US emissions curve downward.

My last blog post looked at some of the steps taken to implement the Inflation Reduction Act.  Confirming initial projections when the law was passed, models now predict that IRA will significantly cut emissions by 2030. The impact by 2035 is likely to be even greater. Despite the IRA’s substantial assist to emission cuts, we …

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Another Supply Chain Issue

Less exotic than rare earths but also needed: energy law teachers.

To make the energy transition work, we’ll need a lot more energy lawyers. That means a lot of energy law profs to teach them — many more than we have today.  Law schools are waking up to the need to hire in the area. So if you’re thinking of law teaching, it could be worthwhile …

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Accelerating Transmission Approval

A proposed program will help streamline transmission permits.  

A week ago, the Biden Administration proposed a new program called CITAP to accelerate permitting from transmission lines. If properly implemented, the program will do much more for permitting reform than the recent NEPA amendments in the debt ceiling law.  The reason? CITAP implements a statute that is much more ambitious in its overhaul of …

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U.S. Climate Law: A Broad & Rapidly Growing Field

There’s a lot of law relating to climate change. A lot!

In preparing to teach a course on climate law, I was really struck by how broad and rich the field has become. Back in the day, it was nearly all international law, but nowadays there’s a huge amount of U.S. domestic law. Most people, even those who work on the field, tend to focus on …

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Wasting Gas

A proposed rule limiting flaring and venting of natural gas is a win for everyone except greedy oil and gas operators.   

Yesterday, the Interior Department posted a proposed rule to limit flaring and venting of natural gas on public lands. The rule will be good for everyone except the oil and gas operators who waste the gas, increasing methane and carbon emissions while giving the public nothing in return.  The rule is clearly a step in …

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Wildfires and the Grid

Wildfires are huge problem in California. Maybe we can learn from those on the other end of the Pacific.

California and Australia are 8000 miles apart, but it turns out they have similar wildfire problems.  And in both cases, the electric grid and climate change are part of the equation.  The problems in California and the rest of the West are familiar to many readers. Though they don’t necessarily get much attention in the …

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Coordinating Climate Policy

We have a White House climate czar. That’s not going to be enough.

The Inflation Reduction Act (IRA) creates a massive funding program for clean energy and other climate policies. This funding complements regulatory efforts at EPA elsewhere.  Yet authority over energy policy is fragmented at the federal level. Without better coordination, there’s a risk that various policies will mesh poorly or operate at cross-purposes. And state governments, …

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Now You’re in Law School. What Should You Take?

There’s more than one path to environmentally meaningful work.

On Monday, I explained why this is an especially urgent time for new law students to be thinking about the climate crisis and how they can contribute as lawyers. The next question is how to prepare for that work.  Here’s what I would say to a student in that position: The first thing to realize …

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