Federal Climate Policy

 The Contradictory Attacks on Biden’s Climate Programs

“Job Killing” or “Overheating the Economy” — Which Is It?

“Job-killing regulations” is a longtime conservative meme. That attack has now been joined by the claim that major new spending for clean energy is overheating the economy. The inflation claim is new, prompted by the passage of the 2021 Infrastructure law and the 2022 IRA.   And if they were both right, the two problems would …

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Climate Change & the 1st GOP Debate

Mostly, they didn’t want to talk about the issue. They certainly didn’t want to talk about solutions.

Somewhat to my surprise, there was a question at the first GOP debate about climate change. The candidates’ pre-debates views, which the NY Times helpfully collected, provided insight into possible directions for GOP energy policy. It’s even possible that reality has started to make a dent into the party;’s reflexive climate denial. The climate question  …

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The Utility Response to EPA’s Climate Rules

The power industry apparently shares some progressive doubts about CCS and hydrogen

There are three big takeaways from the utility industry’s comments on EPA’s proposed new climate rules. First, the industry seems to share progressive concerns about whether we can count on hydrogen and CCS (carbon capture and sequestration). Second, the industry doesn’t invoke the major question doctrine, making it clear that it does not view such …

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Constraints on Rollbacks

Regulations have some sticking power, even when the White House changes hands.

The Trump Administration’s massive campaign against government regulation was horrifying at the time and depressing in retrospect. Many people have been left with doubts about whether it’s even worthwhile to bother with new regulations, given the risk of a switch in control of the White House. I don’t question Trump’s regulatory carnage. But Obama’s achievements …

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Biden Should Declare a National Climate Emergency

The Inflation Reduction Act is working after one year, but it’s not enough. Pres. Biden could supercharge the IRA with more executive action.

People love anniversaries. Or journalists do anyway. So, we’re seeing a lot of news stories assessing the Inflation Reduction Act, which Pres. Biden signed on Aug. 16, 2022. One year on, we have a clearer picture of what we vaguely knew already: the biggest-ever climate law and its robust tax incentives is igniting the clean …

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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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Finetuning the New NEPA Rules

CEQ’s proposal is good, but it could be made even better.

In Monday’s post, I praised the CEQ’s proposed new NEPA regulations. They should streamline the process without compromising protection of the environment or environmental justice.  I do have some suggestions for improvement, however, which are detailed below. Beyond my specific suggestions, I also hope that CEQ would view the new NEPA regulations as the beginning …

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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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The Latest in the Mountain Valley Pipeline Case

The Supreme Court was right to overturn the lower court’s stay.

Environmental groups have fought valiantly to stop the construction of the MVP project, and the Fourth Circuit has repeatedly upheld their legal claims. Congress recently gave the pipeline the go-ahead. The Fourth Circuit quickly halted it again but was overturned earlier today by the Supreme Court. I’m no fan of natural gas pipelines or of …

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Donald Trump vs. The MQD

Ironically, a conservative legal doctrine might block some of his excesses.

Trump hasn’t been at all secretive about plans for a possible second term. He has plans, big plans. So big, in fact, that they may collide with a conservative judicial rule called the Major Question Doctrine (MQD). Since the Court has mostly used the MQD to block initiatives by Democratic presidents, it would be more …

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