Energy
California Climate Policy: A Preliminary Report Card
It’s a bit complicated, but California definitely has made substantial progress.
We all know that California’s climate policies have led the nation. But how well have these policies actually worked? That’s not as easy to answer as you might think. You have to do some digging to come up with the numbers, and their meaning isn’t always completely clear. If you compare California with the country …
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CONTINUE READINGThe Speaker Race and the Environment
No, it’s not a pretty picture. Scalise was bad. Jordan is worse.
In what felt like one of the few times I’ve actually been right about a political prediction, I told my wife that Steve Scalise would probably be the GOP’s pick to replace Kevin McCarthy. Sadly, I was only right for about 24 hours. Then Scalise, supposedly the more moderate candidate, dropped out. That left Jim …
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CONTINUE READINGAngry About Stalled Progress on Fossil Fuels? Biden’s Not the Culprit.
Sorry, no president can single-handedly fix climate policy. And certainly not with this Supreme Court.
With Biden two-thirds of the way through his term in office, he seems to be catching a lot of flack from climate activists. On Sunday, thousands of angry demonstrators gathered to protest Biden’s U.N. visit. “If you want our vote if you don’t want the blood of our generations to be on your hands, end …
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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 …
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CONTINUE READINGDonald Trump vs. The MQD
Ironically, a conservative legal doctrine might block some of his excesses.
Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more …
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CONTINUE READINGEPA and the Student Loan Decision
Will the major questions doctrine block EPA’s proposed rules?
Biden v. Nebraska, the student loan case, provided a new opportunity for the Court to apply the major question doctrine. Does this decision increase the threat that EPA’s proposed new regulations will be struck down under this doctrine? A careful reading of the majority opinion is at least somewhat reassuring. The Court painted a picture …
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CONTINUE READINGNEPA 2.0 and Transmission Projects
Will the new NEPA provisions speed approval of urgently needed projects?
In terms of the energy transition, the most important question about the recent NEPA amendments is whether they streamline permitting for transmission projects. The answer is complicated. We can divide transmission projects into two groups. The first group consists of transmission projects where federal involvement is limited to specific segments, such as stream crossings requiring …
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CONTINUE READINGCentralizing Environmental Reviews under NEPA’s New Section 107
Sec. 107 is the key permitting reform applying to major projects. Will it work?
The 2023 Amendments to NEPA tweak current regulations in various ways in the name of permitting reform. Those changes make it easier to exempt smaller projects or cover them with programmatic impacts statements. The key issue, however, is going to be the effectiveness of new section 107, the main provision aimed at large-scale projects like …
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CONTINUE READINGCommunity Benefits Agreements (CBAs) and Offshore Wind
Community Benefit Agreements (CBAs) can provide tools for California communities negotiating offshore wind development impacts
Offshore wind is one of many renewable industries taking off in California as the state accelerates infrastructure investment and development to meet its climate targets. The California Energy Commission has adopted planning goals of 2-5 GW of offshore wind (OSW) by 2030 and 25 GW by 2045. Other state goals include reducing greenhouse gas emissions …
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CONTINUE READINGStakeholder Engagement in California Offshore Wind Development
State leaders have an opportunity to forge a national example on stakeholder engagement and energy justice.
As California continues to develop plans for floating offshore wind (OSW) implementation, state leaders have an opportunity to forge a national example on stakeholder engagement and energy justice. California can achieve this, not just by (for example) incorporating environmental justice (EJ) principles into agency analysis and planning or by increasing consultation with tribal entities, but …
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