Region: National
Defanging FERC’s Challenge to Renewables
The gird operator subject to the order has a plan to reduce its impact.
At the end of June, in a party-line vote, the Federal Energy Regulatory Commission (FERC) issued a sweeping order that seems designed to prop up coal. The order will impact electricity markets in a wide swath of the country. There’s been a lot of concern that the order might seriously impact renewables. But PJM, which operates the …
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CONTINUE READINGResponsibility for Historic Harm
Tort law embodies our society’s view of fairness. What does teach us about climate change?
Is it fair to hold companies responsible for past emissions, even if they didn’t know at the time the emissions were harmful? Shouldn’t it be a defense that they didn’t appreciate the risk at the time?Not if tort law is any guide. Tort law imposes liability for ongoing harm even though a company did not …
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CONTINUE READINGGuest Blogger Benjamin Miller: Suggestions to help EPA Successfully Implement Retrospective Reviews
On June 13th, the Environmental Protection Agency (EPA) issued an advanced notice of proposed rulemaking soliciting comments on how to improve the consistency and transparency of the cost benefit analyses that guide EPA’s regulatory decision making. Both are praiseworthy goals, particularly because executive orders issued by the Trump administration last year resulted in cost benefit analysis being used not …
CONTINUE READING1½ Years of Trump
Where are we, after continual environmental assaults by Trump, Pruitt, and Zinke?
Trump has been in office for a year and a half. Where do thing stand? How permanent will the damage be to environmental protection? Answer: bad, but not nearly as it might have been. The degree of resistance especially impressive when you consider the circumstances just how much of American government is controlled by Republicans. …
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CONTINUE READINGHouse Subcommittee Considering Clean Air Act Amendments to Weaken Bedrock of Stationary Source Permitting
Proposed changes to NSR could have significant impact on EJ communities
The House Energy and Commerce Subcommittee on Environment is currently considering amendments designed to weaken the New Source Review permitting program. The GOP proposal has been floating around since a discussion draft was released in May based on a bill introduced last year by Rep. Morgan Griffith (R-Va.), but seems to have flown under the radar until …
CONTINUE READINGSenate Update
Will environmentalists have any leverage in the Senate? Here are the races to watch.
Where are we in the battle to control the Senate? I’ve posted previously about eight key races. Here are the current predictions from two leading forecasters. In every case where both candidates for these Senate seats have LCV scores, the Democrat’s score is at least 40% better than the Republican’s, and often the disparity is …
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CONTINUE READINGWhat Hath FERC Wrought?
FERC’s GOP majority has taken a swipe against renewable energy. It might work, or it might backfire.
At the end of June, in a vote divided along partisan lines, FERC handed down a sweeping order that will impact electricity markets in a wide swath of the country. — likely at the expense of renewable energy and nuclear power. Unfortunately, like Trump’s power plant bailout, the result may be to delay the closing …
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CONTINUE READINGPublic Lands Watch: NEPA Regulations
Administration asks for ideas about how to revise regulations implementing NEPA
A key statute for public lands management is not specific to any of the federal land management agencies or any specific land categories or activities. Instead, it is a statute that applies generically to all federal government activities: the National Environmental Policy Act (NEPA). NEPA, in short, requires the federal government to thoroughly analyze significant …
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CONTINUE READINGWhat Kind of Conservative is Kavanaugh?
Half a dozen observations on our (probably) soon to be junior Justice.
I wanted to add a few words about Kavanaugh in light of Ann Carlson’s excellent post a few minutes ago. No doubt we’ll be seeing more about his views after people have had time to read his opinions and some of his law review writing. But there are a few points I would add after …
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CONTINUE READINGJudge Brett Kavanaugh’s Record on the Environment
He’s highly conservative but has acknowledged the seriousness of climate change
Judge Brett Kavanaugh, Donald Trump’s choice to replace Justice Anthony Kennedy, has been pretty staunchly conservative in his environmental rulings on the D.C. Circuit Court of Appeals in the last 12 years. He voiced serious skepticism about the validity of the Clean Power Plan during oral arguments on the case in 2016. He struck down …
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