Energy
Ninth Circuit Upholds South Coast Zero-NOx Emission Standard for Appliances
The Ninth Circuit limiting EPCA preemption is a huge and important win for clean air.
Last fall I wrote about a strangely important case about boilers, in which the Ninth Circuit would decide whether a challenged zero-NOx air emission standard adopted by LA’s air regulator was lawful. The case is important because it had the potential to significantly constrain the ability of air pollution regulators to do their jobs and …
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CONTINUE READING86ing Natural Gas in New Buildings
A new Second Circuit opinions empowers bans on fossil fuels in new buildings.
Three years ago, the Ninth Circuit struck down a Berkeley ordinance banning natural gas hookups for new buildings. The court said that the ordinance was preempted by a federal law regulating appliance efficiency. The Second Circuit has now reached the opposite conclusion about an NYC ordinance that basically bans fossil fuels in new buildings. The Second Circuit opinion zoomed in on the language of the federal law, which seems more in line with Supreme Court’s current approach to statutory interpretation.
CONTINUE READINGA Tariff on Data Centers Could Help Them Pay Their Fair Share
The first in our new “Energy Corner” series, this post looks at how California could design a rate structure for large load customers to join the electric grid without burdening ratepayers.
A flurry of new comments was filed last month in Pacific Gas & Electric’s (PG&E) proposal to implement a new electric tariff bill, one specific to large-load customers (read: data centers). Such tariffs determine the electricity rates a utility can charge each class of customer, and the conditions under which it must provide service. PG&E’s …
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CONTINUE READINGPlug-In Solar Bills are Taking State Legislatures By Storm
Chances are your state legislature is considering a bill to authorize plug-in solar panels for your balcony or backyard.
It’s worth taking notice when any clean energy legislation is passing with bipartisan support in all kinds of states. Bills on balcony solar, also called plug-in solar, have been signed or moved forward in so many states around the country that it’s probably easier to name the 16 or 17 states that are NOT working …
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CONTINUE READINGChina’s Climate Policies: A Timeline
How has China has gone from climate action’s problem child to a promoter of clean energy?
China has long been the world’s top emitter of greenhouse gases, making its climate and energy policies crucial for the rest of the world. It initially took the position that Westerners had caused the problem and should carry the entire burden of fixing it. Over time, however, it has shifted into a position of leadership in clean technology and cooperation on climate issues.
CONTINUE READINGCPUC Proposed Decision Risks Derailing Gas Transition
California passed a promising Neighborhood Decarbonization Program. The CPUC’s plan for implementing SB 1221 sets it up to fail.
My UCLA colleagues and I have written extensively on the promising opportunity for SB 1221 to help interested communities transition off gas. Now, the California Public Utilities Commission (CPUC) has released its long-awaited proposed decision on its plans to implement the SB 1221 pilot program, and the proposal is…disappointing. The current design seems to set the program up to fail. Of biggest concern, the decision proposes to require pilot applicants to navigate a multi-stage process with duplicative …
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CONTINUE READINGKeeping the Energy Transition Affordable
A new CLEE report identifies policy solutions to lower California’s electricity rates.
In recent years, California’s already-high electricity rates increased far beyond the rate of inflation. Unsustainably high electricity rates threaten California’s continued progress on climate change and pose painful affordability burdens on California residents and businesses. High electricity rates also threaten California’s leadership in decarbonization and the clean energy transition, which largely relies on the …
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CONTINUE READINGWhy Does the Trump Administration Keeping Attacking Science?
Apparently, the Administration views science as fatally infected with woke ideas and lacking much other value.
Make no mistake, the Trump Administration is engaged in a serious, carefully honed, effort to undermine American science. The National Science Foundation has lost a third of its staff, while the National Institutes of Health have lost 20%. EPA’s science office is being shuttered. Trump’s proposed budget included a 54% cut for NSF, 12% for NIH, and 46% for NASA’s space research. And last week, the government proposed changes to politicize research funding decisions at the expense of merit review. It also proposes making continuation of long-term funding dependent on political whim, which will drive researchers away from projects taking longer commitments.
CONTINUE READINGStatutory Language? Who Cares About Statutory Language?
A new DOE guidance seems flatly contrary to the statute it’s acting under.
The Department of Energy has issued new guidance that cuts off rebates for people who replace a gas furnace with a heat pump. Under the new guidance, the rebate will be allowed only if the heat pump replaces an electric furnace. Unless I’m missing something, the statute creating the program says the exact opposite. I suppose maybe at this stage I should find this blithe lack of concern for legality unsurprising. Maybe I haven’t adjusted to the Trump era as much as I’d thought. The rebate program specifically covers “any “project that includes [among other things] … the purchase or installation … of an electric heat pump … to replace a nonelectric appliance.”
The Compelling Case for Clean Energy Subsidies
There’s a solid economic case for government support
Tax credits and direct subsidies sound like handouts. That’s not true in the case of renewable energy and electric vehicles. No should feel bashful in advocating for these subsidies. They provide very real benefits to society, not just to the shareholders in a few firms. Tax credits and subsidies. like those that were contained in the Inflation Reduction Act, will help us avoid many billions of dollars a year of harm to our environment and health. They will also make America competitive in what are clearly the industries of the future, rather than abandoning the field to China.
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