Energy

Clean Power Plan Litigation Kick-Off

Flood of lawsuits follows publication of EPA rules to regulate power-plant GHGs

*Updated: Nov. 17, 2015* On Friday, October 23, 2015, the Federal Register formally published EPA’s rules to control greenhouse-gas emissions from fossil-fuel-fired power plants under the Clean Air Act. I described the basics of the rules after EPA released the unofficial text in August. The final text of the rule to regulate new and modified …

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Addressing Externalities: A Modest Proposal

How to make health and safety a personal priority for industry officials.

According to economists, firms have little reason to take into account the cost of externalities — that is to say, the harms their activities may impose on others.  The traditional solutions are damage remedies or taxes to transfer the financial cost to the industry, or regulation to force  industries to limit their harmful activities.  Why not …

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Gaping Hole in EPA’s Methane Rules

Why don’t EPA’s proposed rules to reduce methane emissions apply to existing oil and gas facilities?

In August, EPA released proposed rules to reduce fugitive methane and VOC emissions from oil and gas operations.  While this is a significant action in the fight against climate change, and much needed in light of the shale-driven national drilling renaissance, there is a gaping hole in the methane rules that has environmentalists worried — …

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Exploring Potential Challenges to EPA’s New Source Performance Standard: PART III

CCS for coal power plants, but not natural-gas power plants?

This post is the third in a mini-series (see first and second posts) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard …

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Is CCS the “best” system of emission reduction for coal-fired power plants?

Exploring Potential Challenges to EPA’s New Source Performance Standard: PART II

This post is the second in a mini-series (see first post) exploring likely legal challenges to the New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. In my first post on EPA’s New Source Performance Standard (NSPS) for …

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Is Carbon Capture & Sequestration (CCS) the Biggest Threat to the Clean Power Plan?

Exploring potential challenges to EPA’s New Source Performance Standard: PART I

This post is the first in a mini-series exploring likely legal challenges to EPA’s New Source Performance Standard (NSPS) for power-plant greenhouse gas emissions under Clean Air Act § 111(b), and how those challenges might affect the Clean Power Plan. I will leave detailed exploration of the Clean Power Plan for later posts, but suffice …

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Anti-CEQA Lobbyists Turn to Empirical Analysis, But Are Their Conclusions Sound?

Influential Attacks on California’s Environmental Impact Law Aren’t Supported By the Data

Every August, as the California legislative session comes to a head, lobbyists attempt to gain support for dramatically scaling back California’s landmark environmental law, CEQA (the California Environmental Quality Act).  This year was no exception.  Last month, the law firm Holland and Knight, which has been a leading force on this issue, issued a new …

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Last Week in Climate Change

Is climate action finally starting to develop momentum?

There was some good news last week for those of us who worry about the future of the planet,.  Both inside and outside of Congress, Pope Francis spoke about the need to protect the environment and address climate change.  Some conservative Catholics are eager to dismiss this as simply another misguided opinion by a left-learning Pope. But …

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The Coal Export Wars Reach Oakland

In seeking an alternative route to Asian markets, coal’s path from Utah to China via Oakland hits a snag

Expanded west coast infrastructure to support the export of western U.S. coal to Asian markets has long been part of the business plans for some of the nation’s largest coal producers. However, attempts by Powder River Basin coal interests to construct or expand coal export terminals in Washington and Oregon in recent years have been …

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What Does Ben Carson Think About the Environment?

He hasn’t said much. Mostly he sounds like Mitch McConnell. But sometimes he sounds like Pope Francis.

Ben Carson is rapidly rising in  the polls for the GOP presidential nomination.  He has a number of strengths including a demeanor that is the opposite of Donald Trump’s and an arresting personal story.  Apparently, for many GOP voters, part of his charm is his lack of experience in politics or government.  He has taken …

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