Energy

Roberts Denies Mercury Stay

A state effort to suspend implementation fails.

Chief Justice Roberts turned down a request this morning to stay EPA’s mercury rule.  Until the past month, this would have been completely un-noteworthy, because such a stay would have been unprecedented.  But the Court’s startling recent stay of the EPA Clean Power Plan suggested that the door might have been wide open.  Fortunately, that …

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Risk Subsidies and the Future of Nuclear Power in the U.S.

Should We Take Into Account Government Subsidies that Reduce the Risks Borne by the Nuclear Industry as We Consider Our Energy Future?

As I’ve written about before, U.S. law massively subsidizes the nuclear power industry.  In particular, a law called the Price-Anderson Nuclear Industries Indemnity Act dramatically skews the incentives to develop nuclear plants, and to site them in places where there is a lot of risk, because it requires the public to bear much of the …

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Lessons from Aliso Canyon, Part II

Leaks in Regulation

  Today, Southern California Gas announced it has successfully and permanently stopped the methane leak at its Aliso Canyon storage site. This marks the (fingers-crossed) end of a multi-month environmental crisis in northwest Los Angeles, causing residents to move and schools to close. Earlier this month, I blogged about the possible lessons we could learn …

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Mitch McConnell’s “War on Coal Miners”

McConnell seems to care more about political payback than the miners’ welfare.

Mitch McConnell’s website trumpets that last fall he received  an award from the Washington Coal Club “for his work to defend Kentucky’s coal jobs, miners and their families.”  His concern for miners turns out not to be so deep.  As the Washington Post reported last week, he single-handedly blocked a measure to rescue health and pension benefits …

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The Supreme Court Stay and the Dog That Didn’t Bark

EPA’s Requirements for New Plants Remain Intact

The Supreme Court’s stay of the Clean Power Plan was a surprise to almost all observers, maybe even to the lawyers requesting the stay.  We can only speculate on what the five majority Justices had in mind, since there was no written opinion. The practical impact of the decision is also unclear. E&E news reports that the …

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Public Prosecutors Zero In on SoCal Gas, Porter Ranch Disaster

California Attorney General, L.A. District Attorney File New Enforcement Prosecutions

The massive leak from Southern California Gas Company’s Aliso Canyon natural gas field in northwestern Los Angeles County was discovered on October 23rd of last year and, more than three months later, shows no sign of abating.  Public prosecutors have pretty clearly lost patience with SoCal gas and its ineffective remediation efforts to date.  This …

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Lessons from Aliso Canyon, Part I

Regulation of the Oil and Gas Sector

Since October 23, 2015, a leak in a natural gas well has been releasing methane gas near the Porter Ranch neighborhood of Los Angeles. Although methane is invisible and odorless, gas companies add odorants to alert people to leaks, and it is these additives, usually mercaptans, that experts believe are causing the physical effects suffered by …

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An Inconvenient Logic

Justice Scalia’s argument in the FERC case contradicts his attack on Obamacare.

They say consistency is the hobgoblin of small minds. If so, Justice Scalia is in good shape. His argument last week in the FERC argument was totally inconsistent with his argument against the constitutionality of Obamacare. Both cases involve change in the incentives to enter a market in the first place. In the Obamacare case, …

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The Future of the Diablo Canyon Nuclear Plant

A group of scientists, philanthropists, and self-identified conservationists weighs in.

The role that nuclear power could or should play in helping to mitigate greenhouse gas emissions is worthy of serious debate, but the latest nuclear-related front-page story in the San Francisco Chronicle is a head-scratcher. Above the fold, the headline reads “Nuclear plant’s surprise backers,” followed by the following subheading: “Environmentalists push for Diablo Canyon …

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EPA Wins the First Round in Clean Power Plan Litigation

…But this is just the beginning—and the Supreme Court will have a say

As we reported last week, on January 21st, a D.C. Circuit panel denied Clean Power Plan opponents’ request for a “stay”—or temporary suspension—of the rule pending judicial review. Read the court order here. We have discussed the Clean Power Plan litigation at length on Legal Planet. As a quick refresher, the Clean Power Plan is …

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