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Climate Law Matters: Energy & Climate Newsletter - September 2024

In this Issue: Permitting Reform, the Supreme Court, EV’s, and Climate Week 2024 - After nearly a decade as New York State’s environmental chief, I recently joined Foley Hoag to help the firm’s clients emerge as global...more

Vermont Enacts a "Climate Superfund Act" - Uh-Oh!

Last week, Vermont became the first state to enact a “Climate Superfund” law. As I noted in January, I fear that this will not end well. It seems odd to model a statute on a law frequently given the accolade – deserved, in my...more

What's the Future for Climate Litigation in the US After Juliana?

On Wednesday, the 9th Circuit granted a petition for mandamus from the United States and ordered the District Court to dismiss the complaint in Juliana v. United States. The 9th Circuit had previously ordered the case...more

EPA Lowers the PM2.5 NAAQS: Goldilocks Can Sleep Soundly

On February 7, 2024, EPA finalized a rule lowering the primary annual National Ambient Air Quality Standard for PM2.5 to 9.00 ug/m3.  This is a significant reduction from the current 12.00 ug/m3 standard and a victory for...more

One More Problem with the Climate Superfund Act

In my discussion yesterday of the shortcomings of the Climate Superfund Act, I actually ignored arguably its biggest flaw. While the Act certainly looks much like a tax, I failed to point out that the Act omits what is...more

The Original Superfund Worked So Well; Let’s Replicate It to Deal with Climate Change!

As I’ve noted many times, criticizing CERCLA is like shooting fish in a barrel. Apparently, however, my criticism is not universally shared. According to WBUR, some legislators around the country are so pleased with how...more

Each Federal Agency Should Use Its Judgment in Determining the Social Cost of Carbon — How’s That Going to Work Out?

Late last month, the Interagency Working Group on Social Cost of Greenhouse Gases quietly released a three-paragraph memo on how agencies should determine the social cost of greenhouse gas emissions.  I hesitate to call it...more

Montana Youth Plaintiffs Prevail: One-Off or Tidal Wave?

Yesterday, the plaintiffs prevailed in the Montana climate litigation. Time will tell whether the decision will end up being seen as a watershed moment or just a blip. In trying to answer that question, it does seem worth...more

Can We Afford to Mitigate the Impact of Climate Change? Can We Afford Not To?

I’ve posted previously about the importance of extreme heat among the impacts of climate change. Much of the popular literature focuses, rightly, on the public health impacts. Without at all minimizing the public health...more

The Social Cost of Greenhouse Gases Is Increasing — But Is Uncertainty Over the Measurement of Climate Impacts Artificially...

On July 16, 2023, Climatewire (subscription required) released a peer review letter on EPA’s Social Cost of Greenhouse Gases (SC-GHG), which got a fair bit of press last year, because EPA’s metric was $190/ton, even though...more

The Wharf District Council “District Protection & Resiliency Plan”: There’s a Lot to Do

The Wharf District Council recently released its “District Protection and Resiliency Plan.”  My immediate reaction is just a quiet OMG regarding the size of the task.  Of course, that’s no excuse for inaction and I found the...more

Everything Is Connected — For Better or For Worse

Greenwire (subscription required) reported yesterday that more than 150 wildfires in Quebec have blanketed large swaths of the United States with unhealthy levels of particulate matter. Indeed, as of 9:00 AM on Thursday,...more

OMB Proposes to Revise Circular A-4; This is Not Trivial

On Thursday, the Office of Management and Budget released proposed revisions to “Circular A-4”.  It also released a separate preamble, explaining its thinking and asking for comment on certain identified issues....more

Red States Still Have Nothing to Complain About Regarding the Social Cost of Carbon

Today, the 5th Circuit Court of Appeals dismissed for lack of standing claims by a number of states challenging the Biden Administration’s Interim Estimates of the Social Cost of Carbon.  The Court had telegraphed this...more

Another NEPA Obstacle To Coal Mining

Last week, Judge Donald Malloy vacated the Environmental Assessment for the Bull Mountains Mine No. 1 in central Montana. Judge Malloy had already vacated the EA once; when the 9th Circuit affirmed Judge Malloy’s decision...more

Another Day Older and Deeper in (Carbon) Debt

The International Energy Agency has released its 2022 Coal analysis and forecast. It is sobering. By the time 2022 is over, world-wide coal consumption will have exceeded 8 billons tonnes for the first time. In other words,...more

Some “Big Lifts” For Boston to Achieve Its Climate Goals

Earlier this Month, The Boston Foundation released its “Inaugural Boston Climate Progress Report.” Suffice it to say, there’s a lot to do. The Report identifies four “Big Lifts” necessary to attaining our climate goals. It...more

Bloomberg Targets Petrochemicals — How About Investing in Their Replacements?

I’ve written previously about the urgency associated with the problems caused by waste plastic.  However, there’s a big difference between me blogging about it and Michael Bloomberg opening his wallet to try to do something...more

The Senate Ratifies the Kigali Amendment: Is Bipartisan Climate Action Possible?

Earlier this week, the Senate ratified the Kigali Amendment to the Montreal Protocol. The amendment, which has already been ratified by most other countries, will result in the phase-out of hydrofluorocarbons, a group of...more

Will Evidence of a Coming Apocalypse Change Human Behavior?

I’m not much for apocalyptic thinking.  I don’t think it’s productive.  I have to confess, though, that this story about the Great Salt Lake got me thinking about whether human nature is such that the apocalypse is not that...more

More About NEPA Reform; It’s Not Just About Renewable Energy

Last month, Oakland Mayor Libby Schaaf wrote to the Federal Highway Administration, stating that Oakland “is suffering from a crippling housing and homelessness crisis.”...more

Maura Healey Has a Climate Plan: Is It Too Ambitious Or Not Ambitious Enough?

Take my predictions with a grain of salt, because I still remember saying that Ronald Reagan would never fool enough voters to get elected, but it seems very likely at this point that Maura Healey will be the next Governor of...more

The Latest IPCC Report — How Are We Doing on Mitigation?

Earlier this month, the Intergovernmental Panel on Climate Change released Climate Change 2022: Mitigation of Climate Change.  As all IPCC reports are, it’s a serious piece of work and not easily summarized at blog length...more

AIG Integrates Climate Into Its Investment and Underwriting Decisions: It’s Progress, But Is It Enough?

Last week, AIG significantly restricted its underwriting of and investment in fossil fuel projects. Specifically, it announced the following actions: With immediate effect, committed to no longer invest in or provide...more

The D.C. Circuit Again Requires FERC to Consider the Environmental Impacts of Downstream Use of Gas: How Big a Deal Is It?

Last week, the District of Columbia Court of Appeals again rejected a FERC NEPA review for failure to assess the climate impacts resulting from the downstream use of natural gas supplied by a gas pipeline upgrade project...more

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