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At What Level of Government Are We Going to Regulate Climate Change? (Hint — It Is a Global Problem.)

Last week, Judge Yvonne Gonzalez Rogers ruled that the Berkeley ordinance essentially banning use of natural gas in new construction was not preempted by the Energy Policy and Conservation Act. I’m not here to opine on the...more

How Are We Really Going to Get to Net Zero?

Late last month, the Washington Legislature passed the “Climate Commitment Act”, a piece of sweeping climate legislation that includes, among other provisions, an economy-wide cap-and-trade system. Washington was not far...more

The Other Shoe Drops - EPA Formally Announces Its Reconsideration of the Withdrawal of the California Preemption Waiver

I noted in yesterday’s post about the NHTSA proposal to withdraw the SAFE I Rule that EPA was expected to follow the NHTSA action by restoring the Clean Air Act Section 209 waiver for California’s Advanced Clean Car program....more

The SAFE Rule Is On the Way Out - I Don’t Feel Any Less Safe

Last week, the National Highway Traffic Safety Administration proposed to withdraw Part I of the Trump Administration’s SAFE Rule, in which EPA had concluded that California’s regulation of motor vehicle GHG emissions was...more

50% By 2030 — The Administration Is Figuring Out How to Actually Get There

The President today formally announced that the United States was pledging to reduce its emissions by 50% from 2005 levels by 2030. The announcement isn’t a surprise, but that doesn’t lessen its importance. So large a...more

Massachusetts Climate Legislation Becomes Law - The Future of Everything

It’s not always the case, but my speculation about the Massachusetts climate bill was correct. On Friday, Governor Baker signed it into law. If I haven’t succeeded in making this clear previously, I want to emphasize that...more

The Massachusetts Climate Bill is Very Much “Not Dead”

In January, when Governor Baker vetoed the Legislature’s effort to go big on climate, my colleague Zach Gerson made clear that the bill was not even “mostly dead.” I am pleased to say that Zach’s diagnosis was correct. The...more

The Transportation Climate Initiative Marches Forward; It’s Not Going to Be Easy. - Law and the Environment

On March 1, the Transportation Climate Initiative jurisdictions released a draft “model rule” that would provide a template for individual state rules governing the operation of the TCI Program.  Although only three states...more

Massachusetts Starts 2021 With a Bang on Climate

Over the past four years, while the Trump Administration did everything possible to ignore climate change, optimists continued to find progress at the state level. And while President-elect Biden has put together an A-team on...more

The Transportation Climate Initiative Gets Off the Ground: Kinda, Sorta, A Little

On December 21, 2020, three of the states participating in the Transportation Climate Initiative – Massachusetts, Connecticut, and Rhode Island – and the District of Columbia released a Memorandum of Understanding describing...more

The Transportation Climate Initiative Gets Off the Ground: Kinda, Sorta, A Little

Today, three of the states participating in the Transportation Climate Initiative – Massachusetts, Connecticut, and Rhode Island – and the District of Columbia released a Memorandum of Understanding describing a “cap and...more

California’s Agreement With Quebec Is Not a Treaty — At Least For Now

Last week, Judge William Shubb of the U.S. District Court for the Eastern District of California ruled that the Agreement between California and Quebec to jointly operate a GHG cap-and-trade market did not violate either the...more

A Carbon Fee on Transportation Fuels Is Not Coming Your Way Any Time Soon If You Live In New Hampshire

On December 17, 2019, I noted with enthusiasm the announcement that the states participating in the Transportation and Climate Initiative had released a new draft Memorandum of Understanding outlining the framework of what...more

Coming Your Way (Relatively) Soon: A Carbon Fee on Transportation Fuels

The 12 states and the District of Columbia participating in the Transportation and Climate Initiative announced yesterday the release of a new draft Memorandum of Understanding that outlines the framework of what they are...more

It’s Not Going to Be Easy to Be Green

The New York Citizens Budget Commission has released a report regarding the state’s ability to meet its ambitious GHG reduction targets. It’s sobering reading. The CBC states that it is “uncertain” whether New York can meet...more

Injunctive Relief Is Available Outside the Fenceline

On Monday, District Judge Rodney Sippel ordered sweeping injunctive relief against Ameren Missouri, intended to remedy violations of PSD requirements he had previously identified resulting from upgrades to the Ameren Missouri...more

The Trump Administration Couldn't Spell Irony If You Spotted It the I, R, O, and N.

Yesterday, EPA and the National Highway Traffic Safety Administration released the “Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program,” more succinctly known as the withdrawal of the...more

Hope Springs Eternal at the Climate Leadership Council

The Carbon Leadership Council, everyone’s favorite group of former grand poohbahs, is still working at building support for its “carbon dividends” plan. Hope springs eternal. And I don’t mean to make light of the CLC’s...more

Heads Trump Wins; Tails Regulation Loses

Earlier this week, the Department of Energy withdrew definitions of “general service lamps” and “general service incandescent lamps” promulgated under the Obama administration. The effect is it eliminate requirements that...more

EPA Proposes to Eliminate Oil and Gas Methane Rules: Just Another Brick in the Deregulatory Wall

Last week, EPA proposed to eliminate regulation of methane emissions from the oil and gas industry. The most noteworthy response to the proposal came from the large producers. ExxonMobil, Shell, and BP all oppose the...more

Some Say the World Will End in Fire; Some Say in Floods

I’ve always understood that heat causes more fatalities than other weather-related phenomena. It’s only going to get worse with climate change. If you thought that climate change was all about rising sea levels, think again....more

Mitigating GHG Emissions From Buildings. The Drumbeat Is Getting Louder

I’ve posted a number of times about the coming wave of efforts to reduce or eliminate GHG emissions from buildings. Notwithstanding Washington’s current intransigence, the electric sector is now decarbonizing. With that...more

Last of An Endangered Species Spotted on Capitol Hill: A Practical Senator

Bloomberg Environment (subscription required) is reporting this morning that Senator Chris Coons is trying to persuade Democrats that they should agree to limit EPA’s authority to regulate greenhouse gases in return for GOP...more

Affordable Clean Energy — Or, Much Ado About Nothing

Here’s my take on the Affordable Clean Energy Plan. Who cares? On the merits, it does almost nothing. It requires only that states impose heat rate improvement requirements on coal-fired power plants. It’s not going to...more

Broken Record Department; EPA Loses Another Delay Case

On Monday, District Judge Haywood Gilliam imposed a schedule on EPA for review of state plans under EPA’s 2016 rule for emissions from municipal solid waste landfills. The ruling is notable for two reasons. Because EPA did...more

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