Energy

The Unique Legal Context of EPA Methane  Regulations

Three separate congressional actions intersect to support the regulations.

The government’s efforts to control methane have followed a complicated path, involving three different congressional actions:  section 111 of the Clean Air Act,  which allows EPA to regulate emissions of greenhouse gases; a congressional override of an earlier regulatory action; and a newer statute that creates a fee on methane emissions.  The upshot is to …

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Saving the Planet, One Case at a Time

These 50 law school clinics are doing vital work on environmental issues across the country.

Law school clinics are where the proverbial rubber meets the road. They  introduce students to the realities of lawyering. Often, they are a law school’s most important form of public service.  Environmental law clinics have blossomed across the country. Today’s post provides a directory to the clinics. There are several sites that promise comprehensive lists …

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The Bumper Crop of New State Climate Policies Since July.

State governments aren’t sitting on their hands. Far from it. The pace of climate action is picking up.

State climate policy is a big deal. State governments began cutting emissions at a time when the federal government was essentially doing nothing about climate change. Since then, more states have become involved, and state policies have become more aggressive. it’s not for nothing that 2023 has been called a banner year for state climate …

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Election 2024: Climate Action vs. Radical Deregulation

Voters should consider the radical, right-wing deregulation agenda that would await on Day One of a second Trump administration.

The Iowa Caucuses are 12 days away. The South Carolina Republican Primary comes 5 weeks later. And just two weeks after that is Super Tuesday. In the lead up to all these primary contests, anti-democracy candidate Donald Trump continues to march toward capturing the GOP nomination with a commanding lead in national polls. While headlines …

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2023: The Good, the Bad, and the Ugly

Here’s what happened in the world of energy and environment.

A lot has happened this year, with political turmoil in the House of Representatives, indictments of Donald Trump and associates, and a close scrape with default on the national debt.  In the world of energy and environment, the picture has also been mixed, but with more good than bad. The Good. California enacted two major …

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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 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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What EXACTLY Did the UN Conference Decide?

OK, I’m a lawyer: I think it’s important to look at the text.

Having read a lot of takes on the outcome of the latest UN climate conclave, I wanted to see for myself what the agreement says. The key provision in the latest international agreement on emissions reduction is section 28 of Article 2(A)..  It states the position of the Conference of the Parties — the consensus …

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How Will Americans Learn to Love the Inflation Reduction Act?

Pres. Biden has toured the country to sell his climate victories, but polls show it isn’t resonating yet with voters. Will Trump attacks help?

Last February, on the eve of the State of the Union, President Joe Biden embarked on a victory lap for his landmark climate laws. At the time, the White House was focused on explaining to the American people how the Bipartisan Infrastructure Law and the Inflation Reduction Act would boost jobs and lift the economy. …

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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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The Year in California Climate Laws

The California statehouse

Looking back at California’s 2023 legislative session, our new environmental laws represent a solid step forward—bigger than expected.

If 2022 was a Rivian with all the bells and whistles, this past year was more a Ford Lightning. After a landmark 2022—a record $54 billion committed to climate spending and legislation that codified the state’s goals of carbon neutrality by 2045 and 90 percent clean electricity by 2035—a significantly gloomier budget forecast gave rise …

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