McCarter & English: Climate Change & Renewable Energy

"I believe in science." And then what?

I am sure you heard Hillary explain last night why she is going to take action on climate change. "I believe in science."  We weren’t so articulate when we counseled last week to “Go to the Data,” but she figured it out.  No…more
| Environmental Law

Zika Transmission in New York, and Now in Florida - Some Legal Thoughts

In eight years of climate change blogging we think we have uniformly been able to steer clear of the prurient and the provocative, the lewd and the lascivious. But then came word last Friday from New York that the New York City…more
| Labor & Employment Law, Environmental Law, Health

A Coal Plant Shutdown and the Undoing of a Wind Energy Bottleneck

Everyone knows the transmission bottleneck is the boot on the neck of wind energy. The Plains States have megawatts of wind energy. Getting it to the places with megawatts of demand, like Oregon and Washington, aye, there’s…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Climate Change Opinions Don't Help Business; Data Do

We try to stay away from politics on the blog, so we were reluctant to take up the Sierra Club’s recent report concluding that if Donald Trump became president he would be unique among world leaders in his refusal to acknowledge…more
| Commercial Law & Contracts, Environmental Law

What is President H.R. Clinton’s Energy Policy?

Even as the number of 2016 presidential candidates in both parties has dwindled, the media -- particularly television news -- has yet to focus on an in-depth discussion of the candidates’ policy proposals. While it was…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

What is President Trump’s Energy Policy?

We all know where the respective party “establishments” in Washington come down on climate change, clean power, and the pace at which the country should move to renewables as the primary source of energy (if at all). President…more
| Elections & Politics, Energy & Utilities, Environmental Law

ORECs or ERCs: How Will New Jersey Pay for Offshore Wind?

On November 9, 2015, the federal Bureau of Ocean Energy Management (“BOEM”) will hold the fifth auction of leases for space on the Outer Continental Shelf in the Atlantic Ocean, this one offshore New Jersey. BOEM will offer…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Top 6 at 6 - Climate Change Legal Highlights of the First Six Months of 2015

Some might say that the Clean Power Plan is all one needs to talk about in any highlights article on recent climate change legal issues. When final the CPP will expand the scope of the Clean Air Act profoundly, impact the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

"Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?

The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS Rule. Until…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law

Houston Flooding and Lawyers - A Climate Change Informed View

Occasionally we venture a posting on how lawyers’ business plans incorporate climate change. We have not been a hopeful cheerleader, primarily because our observations confirm that clients don’t hire climate change lawyers,…more
| Commercial Law & Contracts, Environmental Law, Insurance, Law Firm Marketing

Floods in Texas, Flood Mapping, Flood Dollars

Floods on the Rio Blanco these past few days demonstrate the link to climate change, but not in the way you think. It was a horrible Memorial Day weekend in Hays County, Texas. At least three people died from the worst…more
| Administrative Law, Environmental Law, Zoning, Planning & Land Use

NERC's Polite Review of the Clean Power Plan: A "Challenge"

When the draft of EPA's Clean Power Plan was promulgated in the Federal Register last June, one of the critical questions raised by those in the electricity space was: what about reliability? If you shut down all those coal…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Texas Changes the Goal(s)

The news in 2015 is the proposed repeal of the renewable portfolio standard (RPS). Back in 1999, when they deregulated the electric market, Texas adopted an aggressive RPS of 10,000 MW by 2025 (including 500 MW of non-wind…more
| Elections & Politics, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

In re Murray Energy - the First Clean Power Plan Donnybrook

Friday morning found us at the E. Barrett Prettyman Courthouse in Washington, hoping to take in the oral argument before the DC Circuit in the first (of what is certain to be many) challenge to the Clean Power Plan: In re…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

April Fool's Day Sees National Flood Insurance Rates Rise

So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it. Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising between…more
| Commercial Law & Contracts, Environmental Law, Insurance, Real Estate - Residential, Real Estate - Commercial
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