Boston’s Green Ribbon Commission has just released Carbon Free Boston, which outlines a pathway to a carbon-free city by 2050. It’s a thoughtful and careful report. My immediate reaction was two-fold. Of course we have to do...more
1/30/2019
/ Carbon Emissions ,
Clean Energy ,
Climate Change ,
Electric Vehicles ,
Energy Reform ,
Energy Sector ,
Global Warming ,
Green Buildings ,
Green Energy ,
Greenhouse Gas Emissions ,
Innovation ,
Landfills ,
Oil & Gas ,
Renewable Energy ,
Transportation Industry
On January 25, 2019, the D.C. Circuit Court of Appeals ruled that applicants for licenses under the Federal Power Act may not reach private agreements with states to circumvent the FPA requirement that states act on water...more
1/29/2019
/ Appeals ,
Certifications ,
Clean Water Act ,
Dams ,
Energy Sector ,
Federal Power Act ,
Filing Deadlines ,
Hydropower ,
License Applications ,
Permits ,
Water ,
Water Quality
Two reports crossed my desk this week that, together, made me wonder if we’re finally nearing the tipping point on climate change belief in the United States. First, Yale and George Mason released Climate Change in the...more
Governor Baker announced on Friday that, as part of his FY 2020 budget, he would be proposing to increase the real estate excise tax in order to fund the Global Warming Solutions Trust Fund. The Governor stated that, in the...more
1/21/2019
/ Carbon Taxes ,
Climate Change ,
Excise Tax ,
Global Warming ,
Governor Baker ,
Homeowners ,
Property Owners ,
Real Estate Market ,
State Budgets ,
Tax Increases ,
Tax Rates
I’ve only now had the opportunity to catch up with EPA’s proposed reconsideration of its approach to cost-benefit analysis for the Mercury and Air Toxics Standards. I don’t know whether I’ve gone done a rabbit hole or it’s...more
On Tuesday, December 18, 2018, nine Northeastern and Mid-Atlantic states participating in the Transportation Climate Initiative – notably not yet including New York – announced that they...more
Last week, the Massachusetts Department of Energy Resources released its Comprehensive Energy Plan. It’s a generally solid piece of work, even if it doesn’t say anything hugely surprising. Its various policy recommendations...more
A lot of proverbial ink has been spilled regarding the Trump administration’s proposal to amend the definition of “waters of the United States” under the Clean Water Act. The administration has focused on what it views as a...more
Two seemingly unrelated adaptation stories caught my eye last week. The first involved efforts by the California Coastal Commission to provide guidance on “Residential Adaptation” to climate change. The primary reason why...more
Members of the New York City Council have introduced a proposal to impose mandatory building energy efficiency standards. The standards, which vary by building type and use, would apply to buildings greater than 25,000 square...more
In August, a judge in South Carolina issued a nationwide injunction against the “Suspension Rule,” which delayed the effective date of the 2015 Waters of the United States rule. Now, a judge in Oregon has gone even further....more
Last week, the government released the Fourth National Climate Assessment. Not surprisingly, it’s largely consistent with the prior assessments...more
Being a poor country environmental lawyer, I don’t often delve into the academic world. I therefore just recently caught up to the article written last year by my friend Dan Esty. Red Lights to Green Lights: From 20th Century...more
On November 8, 2018, Judge Brian Morris granted summary judgment to plaintiffs on some of their claims challenging the State Department’s new Record of Decision for the Keystone XL project. Whatever our Tweeter-in-chief may...more
The Union of Concerned Scientists just released a report, The Nuclear Power Dilemma. As Ken Kimmell, UCS’s President, said in a blog about the report, it:
"calls for proactive policy to preserve nuclear power from existing...more
As readers of this space know, I have been mystified by the opposition in Massachusetts to obtaining delegation of the NPDES Program. In my temperate way, I have called it an embarrassment.
I have just learned that Idaho...more
Last week there were two court decisions on cases in which groups of citizens are seeking court orders requiring the government to act on climate change. The biggest news was that the Supreme Court denied the stay requested...more
The Energy Information Administration today released CO2 emissions numbers through 2016. While I could rant about the 21.4% increase in GHG emissions in Florida since 1990, as compared to the 23.7% decrease in Massachusetts...more
I gave up some time ago on the idea that focusing on adaption was just a means of weaseling out of necessary measures to mitigate climate change. As the extraordinary becomes commonplace, it’s evident that we’ve ignored the...more
Last week, EPA posted its draft Integrated Science Assessment for Particulate Matter. It’s the foundational document for EPA’s periodic review of its National Ambient Air Quality Standard for PM. The current standard for...more
It’s probably not news that the immediate prospects for a carbon tax aren’t great. I still think that it’s going to seem impossible until, fairly suddenly, it actually happens. Hope springs eternal....more
Earlier this month, the 5th Circuit Court of Appeals granted something of a reprieve to EPA’s New Source Review enforcement initiative. The Court first confirmed what everyone other than EPA and DOJ already knew – that...more
It’s been some time since I ranted about Superfund, but that’s not because the statute’s gotten any more reasonable. To the contrary, there’s so much to rant about that it usually just seems too futile to bother. Take Scott...more
As Carol Holahan discussed, the 7th Circuit last month affirmed the Illinois zero emission credit program. Now the 2nd Circuit has weighed in, agreeing with the 7th Circuit and affirming the similar New York State ZEC...more
The Sixth Circuit ruled earlier this week that discharges to groundwater are not subject Clean Water Act jurisdiction. We now have the requisite circuit split, opening the possibility of Supreme Court review. For those who...more