energy law Archives - Legal Planet

energy law

Important Progress Toward a Climate-Ready Grid

New transmission is crucial. This is how FERC is starting to address the problem.

We urgently need more transmission to accommodate renewable energy, increased energy demand, and grid resilience to climate disasters. Yet the transmission approval process has been badly broken, often favoring small projects that plump up utility profits but do little to address longterm or regional transmission needs. Last week, the government took steps to improve permitting …

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Climate Policy and the Audacity of Hope

The barriers are still huge — but we can also envision a path to success.

We should resist the allure of easy optimism about climate change, given the scale of the challenges. Neither should we wallow in despair. There’s a good basis for hope. Let’s seize the day!

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 …

Continue reading “Reviewing Agency Indecision”

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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Losing Chevron: What Does It Mean for California?

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

Is Loper v. Raimondo Really the Power Grab Commentators Assume?

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

The Biden-Trump Debate’s Climate Question

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

Grid Experts Weigh in on EPA’s Good Neighbor Plan for NOx

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

The Supreme Court & Interstate Pollution

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

The Ten Most Important U.S. Environmental Laws

Some of the choices may surprise you.

The 2023 NEPA Rewrite and the Supreme Court’s New Climate Case

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

The Hawai’i Youth Climate Settlement

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

Luminosity

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Is Activism a Part of Responsible Climate Scholarship?

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

Financing and Investment Strategies for an Equitable Clean Mobility Transition

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

Halftime Report: Environmental Bills Moving Forward

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Big Oil Runs to the Supreme Court

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

A Brazen California Water Heist Revealed, Prosecuted & Punished

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Can the IRA Trump-Proof Itself?

Building A Political Firewall Against IRA Repeal

Will Biden and Trump Debate Climate Change?

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Reforming California’s Financial Penalties for Water Theft Will Create an Effective Deterrent

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Hillary Clinton, Climate Change, and the ‘Sliding Doors’ of History

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

The Hawai’i Youth Climate Trial

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

Major League Soccer’s LAFC Has a Big Oil Problem Too

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.

energy law

New transmission is crucial. This is how FERC is starting to address the problem.

The barriers are still huge — but we can also envision a path to success.

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

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

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

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

A proposed program will help streamline transmission permits.

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

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

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

TRENDING

The Supreme Court’s decision in Loper Bright will not necessarily impact how California courts review our state agency determinations. But we’ll feel it in other ways.

The Supreme Court has already grabbed power from agencies through the major questions doctrine.

“You’ve vowed to end your opponent’s climate initiatives,” Trump was asked. “But will you take any action as President to slow the climate crisis?”

UCLA Emmett Institute faculty submit amicus brief in Utah v. EPA, a major ozone case, on behalf of some of the nation’s leading grid experts.

It was puzzling that the Court agreed to hear the case. How has it ruled? And why?

Some of the choices may surprise you.

NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.

Thirteen youth plaintiffs secured a court-enforced agreement to decarbonize the state’s transportation system without even setting foot in a courtroom.

The story behind today’s energy efficient lighting and a forgotten episode in the culture wars.

Academics needn’t become activists, but I argue that we must support activism. Indeed, inclusive engagement with activism could enhance our scholarship.

New CLEE / Prospect Silicon Valley report outlines top strategies from a series of expert convenings

The UCLA Emmett Institute is tracking California environmental bills. In a year of tough budget choices, here are the notable bills that cleared Sacramento’s first big legislative deadline.

Oil and gas companies want the justices to take up Honolulu’s climate liability case because this type of litigation is starting to gain strength.

San Joaquin Valley Water District Manager Pleads Guilty to Conspiring to Steal Public Water for 20+ Years

Building A Political Firewall Against IRA Repeal

Here are 22 climate-related questions that moderators could ask Biden and Trump in the presidential debates, as well as the one question they should avoid.

Overdue State Water Reform Legislation Likely Be Enacted in 2024–Finally

Here’s what could have happened instead of Trump’s crusade against climate action, if Clinton had squeaked out a victory in 2016.

Thirteen youth plaintiffs say the Aloha State is failing to live up to its ambitious climate goals. Here’s what to watch for as Navahine v. Hawaiʻi Department of Transportation goes to trial this month.

The Dodgers are not the only LA sports team sullying their brand by taking oil money. Beloved soccer club LAFC recently renewed a partnership with Chevron.