Energy

Scenarios and Uncertainty

Imagining different futures can be the best way to think through options when we don’t know the odds.

In environmental law, we’re often operating at the limits of knowledge about the natural world and human behavior.  Climate change is well understood in some ways, but it will set off a chain of reactions that we only partly understand.  It’s also difficult to predict the future of ecosystems, future energy prices, technological changes, and …

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Does the New Climate Law Expand Regulatory Authority?

It’s not the game changer some people think, but IRA could help in several ways.

There’s been a lot of recent talk about whether the Inflation Reduction Act (IRA) indirectly overrides West Virginia v. EPA.  The answer to that is probably “no.”  However, some IRA provisions will help lawyers  defend certain regulatory actions. IRA may also have an important framing effect when courts are considering the reasonableness of agency actions. …

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The Inflation Reduction Act and California Offshore Wind

There May Be Workarounds for Delays in Offshore Wind Created by IRA Section 50265

Various measures in the Inflation Reduction Act (IRA), signed into law on August 16, 2022, create new momentum for offshore wind in California. However, as with all things in life, it’s never that simple. In this case, the IRA ties offshore wind (OSW) leases to offshore oil and gas auctions and prevents OSW leases from …

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A Three-Prong Attack on Carbon Emissions

A trio of new laws will power the energy transition.

Passage of IRA was clearly a big deal, with nearly $380 billion devoted to climate and other environmental issues.  But IRA is only one of the three big climate bills passed in the ten months.  The three represent a concerted effort to accelerate the energy transition. The earliest was the Infrastructure Act last November.  In …

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The Side Deal

How would the Manchin-Schumer deal on permitting impact the environment?

To get Manchin’s vote for the $379 billion in environmental spending in the IRA bill, Schumer and other congressional leaders had to agree to support Manchin’s efforts  to speed up the permit system. At this point, all we have is a one-page list of permitting changes that would form the basis of a new bill. …

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IRA’s Impact

The new law is a Big Deal. Or more precisely, a REALLY Big Deal.

IRA, the Inflation Reduction Act, is clearly the biggest climate legislation ever passed in the United States.  The law will provide  $379 billion in subsidies to clean energy in the form of direct payments and tax credits. Subsidies aren’t the ideal way to cut emissions, because it’s impossible to target them to the precise behavioral …

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A Great Day for Climate Policy

A short video explainer of why passage of the IRA bill is such a big deal.

We all have something to celebrate with the House passage of the IRA on Friday. Getting it passed required some difficult compromises, but the bill represents a major step forward.  Because of the Mar-a-Lago search, it hasn’t gotten nearly as much attention as it deserves. If you don’t have time for a lot of details, …

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South Korea and Climate Change

A small country, but a significant carbon emitter.

Little known fact: The ninth largest carbon emitter in the world is South Korea. What is South Korea doing to cut its emissions? That answer, in brief, is that it has adopted the right kinds of policies, but may need to up its level of ambition. Even so, it compares favorably with the national governments …

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Climate Policy in India

What’s Happening in the World’s Second Largest Country?

India is home to 1.39 billion people, just below China but growing faster. By some projections, it will have the second largest economy in the world by 2050. In terms of climate policy, however, it doesn’t get nearly as much attention as China. That’s understandable in terms of India’s current carbon emissions, which are now …

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Will public power advance decarbonization?

Increasing public control of energy systems may not facilitate decarbonization

Over the past few years, there has been a push in both Europe and the United States for a “Green New Deal” in which decarbonization efforts would be pushed by aggressive, direct government investments in clean energy technology and infrastructure.  But in much of the United States and in Europe, large portions of the electricity …

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