Environmental Justice

What’s New About Income-Graduated Fixed Charges?

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the second post in a series that follows that proceeding.

California’s new income-graduated fixed charge (IGFC) policy makes two major moves. The IGFC 1) unbundles costs from volumetric rates and shifts a portion of those costs into a separate fixed charge and 2) imposes the fixed charge on the basis of income. The IGFC has been described as unprecedented—but just what is new about this …

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California Enacts Major Water Law Reform Legislation–But More Changes Are Needed

California State Capitol Building (credit: Wikipedia)

New law explicitly authorizes State Water Board to require water users to verify their water rights

The California Legislature has enacted and Governor Gavin Newsom recently signed into law SB 389, an important water law reform measure authored by State Senator Ben Allen. California has one of the most antiquated and outdated water rights systems of any Western state.  To put it bluntly, California currently faces a 21st century water supply …

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The Climate Crisis, the Tribes, and the IRA

Biden’s signature climate law spotlighted the need to support tribal responses to climate change.

Five hundred and thirty-one years ago today, Christopher Columbus went ashore at Guanahaní, an island in the Bahamas. That date marked the beginning of an era of European settlement and colonialism, accompanied by widespread destruction of existing American societies. Today, Native Americans communities face another crisis: climate change.  Many tribes are at high risk from …

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A Summer Job, Record Heat, Climate Hope

Graphic of a person hiking

Guest contributor Mollie Cueva-Dabkoski reflects on working as a summer law intern at Our Children’s Trust on the Held v. Montana case.

It’s been three months now since 16 young plaintiffs suing the state of Montana for climate harms piled into a Helena courtroom so small that the attorneys worried whether everyone would fit. (They did.) And it’s been one month since the Montana First District Court determined that the state of Montana had indeed violated Montana …

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Income-Based Electric Bills: Fact and Fiction

California is in the process of making income-graduated fixed rates a part of ratepayers’ electric bills. This is the first post in a series that follows that proceeding.

Under new legislation, California is moving to a novel system that includes income-based fixed charges for electricity. Some critics contend that this is a giveaway to incumbent utilities. It’s not. Others have implied that the charges reflect new costs to ratepayers on top of existing rates. This is also not accurate. There are, however, important …

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Spewing Out Mercury

These three power plants cause a big share of America’s mercury pollution.

In Ireland, poor people used to burn peat from fuel. Barely a step ahead of that, some American power plants burn semi-fossilized peat (lignite) to run their generators. It turns out that those power plants produce about a third of all the toxic mercury emissions of the entire industry. Even more remarkably, about half of …

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Is the Inflation Reduction Act Working?

Wind turbines in sunlight

Enacted a year ago, the climate law is boosting EVs and clean-energy manufacturing. But there’s urgent work to be done on transmission siting and connecting communities with IRA funding. 

Happy birthday to the Inflation Reduction Act. It’s been nearly a year since Democratic lawmakers and the White House celebrated the passage of the biggest climate spending legislation in American history. But in many ways passage was the easy part. Exactly how the IRA continues to be implemented at the local, state, and federal level …

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Biden’s Proposed Power Plant Rule is a Solid First Step

The electric power sector remains 30 percent of the nation’s carbon dioxide emissions, and this rule can incentivize the push towards renewables.

On May 23, the Environmental Protection Agency (“EPA”) proposed emission limits and guidelines for carbon dioxide from fossil fuel-powered plants. To avoid the same fate as the Obama Administration’s Clean Power Plan, which was struck down by the conservative Supreme Court in West Virginia v. EPA last year, the new draft rule does not determine …

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Comparing the Risks of Climate Change and Geoengineering

C19 French Roberval Balance

The OSTP has adopted a ‘risk-risk’ framing in its report on geoengineering research: will this help or hinder sound climate policy?

Last month’s report on solar geoengineering research from the White House Office of Science and Technology Policy (OSTP) consolidated a shift in the discourse on this controversial technology. Over recent years advocates for more research have increasingly adopted a ‘risk-risk’ framing. As Gernot Wagner puts it in ‘Geoengineering: the Gamble’: “The decision is all about …

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Governor Newsom’s CEQA Bills Could Be a Modest Step in the Wrong Direction

Governor Newsom’s CEQA trailer bills probably won’t do much. But his heavy-handed rhetoric foreshadows a larger anti-CEQA push that should worry communities that rely on California’s premier public participation statute.

Speaking to Ezra Klein in late June, Governor Gavin Newsom hearkened back to the California of the 1950s and 1960s: “People are losing trust and confidence in our ability to build big things. People look at me all the time and ask, ‘What the hell happened to the California of the ‘50s and ‘60s?’” Governor …

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