FERC
NEPA Reform and Transmission
Reducing NEPA compliance alone won’t solve our transmission problems, and it might be a bad deal for the climate
The recent passage of the SPEED Act highlights one angle in current permitting reform debates: A focus on NEPA, which as a procedural statute might be more feasible to reform than other substantive statutes. Advocates for the SPEED Act have argued that it will help with a range of infrastructure projects, including transmission. But a …
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CONTINUE READINGA start on feasible permitting reform
A proposal from the National Governors’ Association is narrow and focused, and that’s good
I’ve written recently about the difficult politics of permitting reform at the federal level. But that doesn’t mean that there isn’t important work to be done. It does mean that successful proposals will have to be, as I wrote, low salience, thoughtful, and unlikely to provoke polarization. The National Governors’ Association has just come out …
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CONTINUE READINGProblem solved?
Bipartisan proposal for permitting reform from Problem Solvers Caucus is a good first step, but has much more work to do
The permitting reform conversation continues in Congress – this time with a long set of proposals from the bipartisan Problem Solvers Caucus, based on a range of conversations with different stakeholders and interest groups. There is much that is good in this set of proposals, but there are also proposals that require more thought, or …
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CONTINUE READINGThe Color PURPA
A Win for Solar– And a Glimpse of Life After Chevron
The majority in a recent case — an Obama appointeet and a Trump appointee — ruled in favor of renewable energy. Even without Chevron deference, they were able to conclude that the statute favored solar producers. And unlike a win under Chevron, this one can’t be reversed by a more conservative agency — it’s etched in stone.
CONTINUE READINGPerhaps the Least Qualified FERC Nominee in History
Trump’s nominee seems to have essentially no relevant experience or expertise.
LaCerte has had one brush with energy regulation. He was a special counsel at the big ouil and gas law firm, Baker Botts for two years, starting in January 2023. While there, he worked on energy litigation and environmental safety and incident response issues. None of that has much to do with FERC,
CONTINUE READINGTrump’s Discordant Coal Quartet
Yesterday’s four executive orders were long on talk and short on action.
Yesterday, flanked by a coal miners in hard hats, Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster, but will have little immediate effect. These orders give the same impression as many executive orders — that Something Important is Being Done — but they are really more in the way of promises of future action.
CONTINUE READINGSix Sleeper Proposals in Project 2025
Project 2025 isn’t just its headline proposals. It’s a thorough, detailed attack on environmental protection.
Project 2025’s proposals involve reduced protection for endangered species, eliminating energy efficiency rules, blocking new transmission lines, changing electricity regulation to favor fossil fuels, weakening air pollution rules, and encouraging sale of gas guzzlers. There’s some pious talk about protecting the environment, but every proposal calls for weakening environmental protections.
CONTINUE READINGImportant 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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CONTINUE READINGReviewing 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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CONTINUE READINGReviewing 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 …
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