Region: National

The Utility Response to EPA’s Climate Rules

The power industry apparently shares some progressive doubts about CCS and hydrogen

There are three big takeaways from the utility industry’s comments on EPA’s proposed new climate rules. First, the industry seems to share progressive concerns about whether we can count on hydrogen and CCS (carbon capture and sequestration). Second, the industry doesn’t invoke the major question doctrine, making it clear that it does not view such …

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Spewing Out Mercury

These three power plants cause a big share of America’s mercury pollution.

In Ireland, poor people used to burn peat from fuel. Barely a step ahead of that, some American power plants burn semi-fossilized peat (lignite) to run their generators. It turns out that those power plants produce about a third of all the toxic mercury emissions of the entire industry. Even more remarkably, about half of …

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Constraints on Rollbacks

Regulations have some sticking power, even when the White House changes hands.

The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …

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Biden Should Declare a National Climate Emergency

The Inflation Reduction Act is working after one year, but it’s not enough. Pres. Biden could supercharge the IRA with more executive action.

People love anniversaries. Or journalists do anyway. So, we’re seeing a lot of news stories assessing the Inflation Reduction Act, which Pres. Biden signed on Aug. 16, 2022. One year on, we have a clearer picture of what we vaguely knew already: the biggest-ever climate law and its robust tax incentives is igniting the clean …

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Is the Inflation Reduction Act Working?

Wind turbines in sunlight

Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding. 

Happy birthday to the Inflation Reduction Act. It’s been nearly a year since Democratic lawmakers and the White House celebrated the passage of the biggest climate spending legislation in American history. But in many ways passage was the easy part. Exactly how the IRA continues to be implemented at the local, state, and federal level …

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What Next for the Climate Tort Cases?

Cases against the oil companies are back to state court. It’s time to map out the next steps.

With the Supreme Court’s refusal to take up the issue, the lawsuits against the oil industry are heading back to state court. That’s where the plaintiffs wanted those cases from the beginning, but it’s by no means the last of the issues they will confront.  The oil companies will fight a scorched earth campaign, spending …

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Finetuning the New NEPA Rules

CEQ’s proposal is good, but it could be made even better.

In Monday’s post, I praised the CEQ’s proposed new NEPA regulations. They should streamline the process without compromising protection of the environment or environmental justice.  I do have some suggestions for improvement, however, which are detailed below. Beyond my specific suggestions, I also hope that CEQ would view the new NEPA regulations as the beginning …

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Biden’s Proposed Power Plant Rule is a Solid First Step

The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.

On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine …

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E-bikes are a Climate Solution – Not a Menace

A bike land sign

News stories that frame the rise of e-bikes as one big safety risk are not only short-sighted, they could lead to bad policy.

There’s a dangerous new mobility trend on American streets that’s captured the attention of the New York Times: e-bikes. Or so the Times, and some other media outlets, are suggesting with their editorial choices. “The e-bike industry is booming, but the summer of 2023 has brought sharp questions about how safe e-bikes are, especially for …

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Revamping the NEPA Process

The White House ‘s proposed regulations will streamline the process while still protecting the environment.

Early on Friday, the White House’s Council on Environmental Quality (CEQ) released the proposed Phase II revisions of its NEPA regulations.  The CEQ proposal deftly threads the needle,  streamlining the NEPA process while  protecting the environment and disadvantaged communities. The proposal is a clear improvement over both earlier versions: 1978 rules issued by the Carter …

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