News & Analysis as of

Greenhouse Gas Emissions Cost-Benefit Analysis

Foley Hoag LLP - Energy & Climate Counsel

New York Releases Preliminary Outline of Cap-and-Invest Program

On December 20, 2023, the New York State Department of Environmental Conservation (DEC) and the New York State Energy Research and Development Authority (NYSERDA) released a pre-proposal outline of New York State’s...more

Foley Hoag LLP - Energy & Climate Counsel

Biden Expands Consideration of Social Cost of Carbon by Federal Agencies

On September 21, 2023, the Biden administration outlined plans to expand federal agencies’ consideration of the social cost of carbon—a metric for the economic cost of each additional ton of carbon dioxide emitted to the...more

Foley Hoag LLP - Environmental Law

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

Foley Hoag LLP - Environmental Law

The Social Cost of Carbon Lives! The Red States Have Nothing To Complain About

The Fifth Circuit has stayed an order blocking Biden administration use of the “Interim Estimates” of the social cost of greenhouse gases.  The Court did not leave much doubt that the administration will prevail on the...more

(ACOEL) | American College of Environmental...

Clean Air Act Cost Benefit Analysis Is Required Only When Authorized By Statute, Except If It Is Imposed By Executive Order, But...

The law of regulatory cost benefit analysis just became even more incoherent under a ruling of the Western District of Louisiana enjoining implementation of President Biden’s executive order setting parameters to establish...more

Foley Hoag LLP - Environmental Law

The Internal Combustion Engine Is Bad For Your Health — What Should We Do About It?

I’ve written a lot about how the developing science around particulate exposure supports making the PM2.5 NAAQS more stringent. So it won’t come as a surprise that a new study published in the Proceedings of the National...more

WilmerHale

The Biden Administration’s Approach to the Social Cost of Carbon

WilmerHale on

As part of his comprehensive climate change agenda, President Biden convened a task force to assess the social cost of greenhouse gases. At the end of February, the task force published an interim report estimating the “cost”...more

Shumaker, Loop & Kendrick, LLP

Client Alert: EPA’s Cost Benefit Analysis Rule: The Necessity and Limits of Cost Benefit Analysis Expected this Year

Last summer, Environmental Protection Agency (EPA) began one of the more important, and less understood, rulemakings in recent years in “Increasing Consistency and Transparency in Considering Benefits and Cost in the Clean...more

White & Case LLP

"Wrong place...wrong time" - Key implications of the Gloucester coal mine decision

White & Case LLP on

What happened? The Chief Judge of the NSW Land and Environment Court in Australia has upheld the decision of the NSW Minister for Planning's delegate to refuse planning approval for the proposed Rocky Hill Coal Project...more

Williams Mullen

Supreme Court Ruling on EPA Mercury Rule: Utilities Wins the Battle, But Lose the War

Williams Mullen on

The Clean Air Act requires EPA to regulate emissions of hazardous air pollutants from coal-fired power plants if the agency determines that such “regulation is appropriate and necessary” after studying the hazards the...more

Pillsbury Winthrop Shaw Pittman LLP

The U.S. Supreme Court Holds EPA Must Consider Costs in Deciding to Regulate Power Plants

The U.S. Supreme Court’s June 29th decision in Michigan v. EPA, taken together with another significant CAA opinion from last term, Utility Air Regulatory Group v. EPA, demonstrates the Court’s proclivity for subjecting...more

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