Energy
The Federal Energy Regulatory Commission Can Do a Lot to Reduce Greenhouse Gas
A new report shows that FERC has extensive power to address climate change.
The U.S. Environmental Protection Agency (EPA) has captured the attention of the energy world with its proposed regulations to reduce greenhouse gas emissions from existing power plants – and for good reason. The EPA’s authority is broad and its resolve to address climate change is evident. But other federal agencies are in a position to …
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CONTINUE READINGNorth Dallas Forty
A North Dallas Representative sponsored the House bill to save inefficient light bulbs — but he also advocates energy efficiency.
Yet again, House Republicans have passed a ban on enforcing efficiency regulations for light bulbs, taking a brave stance in favor of energy wastage. The amendment bans DOE from spending any money to enforce the restrictions. They’ve done this repeatedly, for reasons that seem to have more to do with talk radio than with any actual …
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CONTINUE READINGSolar power in North Carolina
How the solar industry became successful in North Carolina
When it comes to politics, North Carolina is not California. California is regularly and consistently Democratic at the state and national level. North Carolina is a swing state in presidential elections, has a Republican majority in its delegation to the House of Representatives, and has a state government currently dominated by Republicans. And when it …
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CONTINUE READINGUpdate: U.S. Supreme Court Denies Review in California Low Carbon Fuel Standard Case
Justices Decline to Address Constitutionality of LCFS
The U.S. Supreme Court today denied certiorari in closely-watched cases in which the constitutionality of California’s Low Carbon Fuel Standard (LCFS) was being challenged. The LCFS is, in turn, an integral part of the state’s multifaceted strategy to reduce California’s aggregate greenhouse gas emissions as required under AB 32, the state’s landmark 2006 climate change …
CONTINUE READINGCalifornia’s Low Carbon Fuel Standard: Before the Supreme Court
Will the Justices Choose to Decide the LCFS’s Constitutionality?
You might think that the U.S. Supreme Court, having decided the Utility Air Regulatory Group v. EPA Clean Air Act case on Monday, was done for the current Term when it comes to environmental law and policy. Think again. Today the justices met in conference to decide whether to grant review in a large number of pending …
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CONTINUE READINGOil By Rail: Nine Things California Can Do to Increase Safety
While FRA Considers New Federal Regulations, States Can Ramp Up Prevention and Emergency Response
At a joint Senate and Assembly hearing last week on oil by rail safety in California, some lawmakers expressed frustration at slow federal action, and asked what California can do to increase public safety. My testimony focused on federal preemption issues, defining areas where the state can regulate, and those where it is preempted by …
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CONTINUE READINGStanding, Settlement, and Mass Torts
BP is trying to use standing law to wiggle out of its own settlement agreement. The courts have been right to say no.
BP entered into a settlement in a massive class action against it arising out of the BP oil spill. Now it’s trying to get out of part of the settlement while keeping the rest of the deal in place. BP’s argument involves three areas of confusion in standing doctrine: how does it apply to class actions, …
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CONTINUE READINGNot My Default
With California’s AB 2145, legislators try to keep cities and counties from buying green power.
It is well-understood that people don’t change easily. I hold myself out as Exhibit A. When I signed up for landline phone and internet service, the phone charge was $35 per month, and the internet another $30. Over the years, although the phone company never announced a rate increase, I experienced rate creep. What once …
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CONTINUE READINGCompiled Resources on the “Clean Power Plan” Proposed §111(d) Rule
All LegalPlanet resources on regulation of GHGs under 111(d), plus critical EPA resources and other valuable analyses
Today, EPA officially published the Clean Power Plan, the agency’s proposed rule to regulate power plant greenhouse gas emissions under Clean Air Act § 111(d), initiating a public comment period that will close on December 1, 2014. I have taken this as an opportunity to compile all of the various LegalPlanet resources on regulation of …
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CONTINUE READINGBP Spill + 4
Four years ago, the BP Deepwater Horizon was still gushing oil. The well was finally capped in mid- July. There’s been a lot of legal action since then, but it’s hard to keep track of all the piecemeal developments. Here’s quick rundown. The Presidential Commission investigating the spill identified the “root causes” as management failures by industry and …
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