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 technology mandates as out of bounds for EPA in the future. Third, most of its comments are focused on timing issues. Th...
CONTINUE READINGSpewing 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 those mercury emissions come from just three power plants spewing toxic smoke. Here the tawdry trio of polluters. The first of the toxic trio is the...
CONTINUE READINGConstraints 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 were not entirely canceled, despite Trump’s best efforts. Indeed, there were some regulations t...
CONTINUE READINGBiden 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 energy transition but is not moving us off fossil fuels fast enough. Amplified by the dangerous, record-breaking July heat, we’re waking ...
CONTINUE READINGIs the Inflation Reduction Act Working?
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 will help determine whether the U.S. can meet increasingly urgent climate goals, as well as benefit communities that historically ha...
CONTINUE READINGWhat 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 millions to contest every possible issue. Here are some of the major issues we can expect them to raise. Does a state court have jurisdictio...
CONTINUE READINGCalifornia Supreme Court Rules County Ordinance Limiting Oil & Gas Development Preempted by State Law
Court Decision May Well Be Correct as a Matter of Law, But Represents Outdated & Unsound Public Policy
Last week, the California Supreme Court unanimously ruled that a local initiative measure that would have imposed severe restrictions on oil and gas development in Monterey County is preempted by state law and therefore invalid. The decision came in the case of Chevron U.S.A., Inc. v. County of Monterey. The Supreme Court's ruling was predictable, given the Court's previous preemption decisions. However, it's a disappointment to the initiative's proponents and t...
CONTINUE READINGFinetuning 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 rather than the end of its efforts. Agencies have made their own attempts to streamline their proces...
CONTINUE READINGBiden’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 emission limits based on “generation shifting,” or the closure of fossil fuel-powered plants in favor of cleaner s...
CONTINUE READINGE-bikes are a Climate Solution – Not a Menace
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 teenagers,” writes Matt Richtel in a long feature titled “A Dangerous Combination’: Teenagers’ Accidents Expose E-...
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