On November 1, 2023, the Pennsylvania Commonwealth Court held that the rulemaking entering Pennsylvania into the Regional Greenhouse Gas Initiative ("RGGI") violated the state constitution. The decision upends regulatory...more
On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch, through the Pennsylvania Department of Environmental...more
Pennsylvania and RGGI – Decision and Resolution - On November 1, 2023, the Commonwealth Court of Pennsylvania, in a five-judge panel decision, issued a long-awaited ruling denying the authority of the executive branch,...more
On July 13, 2021, Pennsylvania moved closer to joining the Regional Greenhouse Gas Initiative ("RGGI") after receiving approval from the Environmental Quality Board ("EQB"). Joining RGGI has been a centerpiece of Governor Tom...more
The program will include a multi-jurisdictional cap-and-invest program and aims to address environmental justice and equity concerns. On December 21, 2020, the Governors of Massachusetts, Rhode Island, and Connecticut,...more
The Regional Greenhouse Gas Initiative (RGGI) is a cooperative effort among 10 northeastern states to cap and reduce CO2 emissions from fossil-fueled power plants. A bill passed in the 2020 Virginia General Assembly Session...more
The United States Court of Appeals for the D.C. Circuit (“Court”) addressed whether a guidance document issued by the United States Environmental Protection Agency (“EPA”) constituted final agency action for purposes of...more
At the outset of 2019, Pennsylvania Governor Tom Wolf set a goal for Pennsylvania to significantly reduce greenhouse gas emissions. Now, Governor Wolf plans to achieve that goal by taking the bold step to establish a carbon...more
In a move that will have a significant impact on Pennsylvania's power producers, Governor Tom Wolf signed an executive order on October 3rd directing the state's Department of Environmental Protection (PADEP) to create...more
On October 3, 2019, Pennsylvania Governor Tom Wolf issued Executive Order No. 2019-07 titled Commonwealth Leadership in Addressing Climate Change through Electric Sector Emissions Reductions. The Executive Order requires the...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
New Jersey’s new governor signed an executive order yesterday directing his acting Department of Environmental Protection commissioner, Catherine McCabe, and Board of Public Utilities President Joseph Fiordaliso to begin...more
On November 13, 2017, eight states in the Transportation Climate Initiative issued a joint statement pledging to pursue regional solutions to GHG emissions from transportation. The statement does not identify any specific...more
Bloomberg reported earlier this week that: China will soon unveil a mandatory cap-and-trade credit program for electric cars, starting the countdown for carmakers to be in compliance with stricter rules on emissions and...more
On August 23, Massachusetts joined the eight other states in the Regional Greenhouse Gas Initiative (RGGI) in announcing a plan to reduce carbon dioxide emissions by an additional 30 percent by 2030 relative to 2020 levels....more
August 23, 2017, Massachusetts and the eight other New England and Mid-Atlantic states that participate in the Regional Greenhouse Gas Initiative announced a proposed plan for the continued implementation of RGGI (the...more
The Maine Public Utilities Commission (MPUC) is seeking applications from eligible Maine energy intensive manufacturing businesses for disbursements from Maine’s Regional Greenhouse Gas Initiative (RGGI) Trust Fund to off-set...more
On December 16, 2016, the Massachusetts Department of Environmental Protection (“MassDEP”) released draft rules that would impose new greenhouse gas (“GHG”) requirements on the electric energy sector, gas distribution...more
As I have previously noted, I sympathize with the difficulties faced by MassDEP in trying to implement the SJC decision in Kain. However, that does not mean that MassDEP can simply take the easy way out. After rereading...more
When the Supreme Judicial Court ruled in Kain that § 3(d) of the Global Warming Solutions act requires MassDEP to promulgate emission limits for multiple source categories, requiring declining annual emissions enforceable in...more
When RGGI was first implemented, I heard Ian Bowles, then Secretary of Energy and Environmental Affairs in Massachusetts, say more than once that the purpose of RGGI wasn’t really to reduce greenhouse gas emissions or jump...more
The Clean Power Plan (CPP) is without a doubt one of the most complex and controversial regulatory undertakings in the EPA’s history, so much so that it was challenged in court – twice – before it was even published in the...more
Energy and Climate Debate - The bipartisan Senate energy bill is on hold, following a disagreement over federal aid to address the Flint, Michigan, water crisis. In the meantime, President Obama released his fiscal year...more
Energy and Climate Debate: Congress returns from the Columbus Day holiday this week to full schedules in both chambers, including several energy and environment hearings of interest. In the meantime, the Obama...more
Energy and Climate Debate - Congress is in recess this week for the Columbus Day holiday, but will return next week with full schedules in both chambers. The House will focus heavily on the leadership race to...more