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Dec. 12, 2016 by Joseph Tomain

An Uncertain Anniversary

This blog post is based on the Introduction to my forthcoming book, Clean Power Politics: The Democratization of Energy (Cambridge University Press, 2017).

One year ago, 195 nations met in Paris and signed what has been hailed as an historic climate agreement.1 To date, 116 parties have ratified the convention, and it went into force on November 4 of this year.2 President Obama acknowledged the talks as a "turning point, that this is the moment we finally determined we would save our planet."3 The signatories pledged to reduce carbon emissions with the intent of keeping global warming below 2 degrees Celsius while pursuing the more ambitious target of limiting temperature increases to 1.5 degrees Celsius from pre-industrial levels. Although the 11-page agreement does not set legally binding emissions limits, the parties committed themselves to a regime that requires them to report on the progress of their commitments every five years beginning in 2020.4

The technical, economic, and political complexities of climate change mean that the agreement will not, by itself, solve the climate change problem, and not everyone cheered the agreement.5 Further, the election of Donald Trump raises serious questions about the continued viability …

Dec. 8, 2016 by Evan Isaacson
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Over the last couple of months, a pair of actions taken by the U.S. Environmental Protection Agency (EPA) demonstrate the glacial pace of federal stormwater management policy under the Clean Water Act. In October, EPA rejected a series of petitions by a group of environmental organizations to expand regulatory protections for certain urban waterways. Then last month, EPA issued a new national rule clarifying existing urban water quality regulations, but only because it was forced to respond to a federal court decision now more than a dozen years old.

Let's start with the good news, however minor it may be. The new stormwater rule that EPA released in November is primarily procedural in nature. The issue at hand is when the public should be able to provide input to EPA and the states regarding the issuance of permits to their towns and cities that regulate polluted …

Dec. 5, 2016 by Alice Kaswan
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Environmentalists are understandably wringing their hands over the likely post-election demise of the Clean Power Plan, the Obama administration's rule to reduce greenhouse gas emissions from power plants, which are the nation's single biggest source of carbon emissions. But, with or without the Clean Power Plan (the Plan), the states hold the cards to a clean energy transition. 

Even if the fossil fuel interests intent upon perpetuating a profitable status quo end up dominating Congress and federal energy and environmental agencies, states will still have the power to steer the energy sector away from fossil fuels. By promoting renewable energy, like solar and wind power, and by promoting energy efficiency, states can and should lead the way. In so doing, they can transform the energy sector from a system that benefits vested fossil fuel interests and toward a sustainable infrastructure that benefits everyone through new …

Nov. 29, 2016 by Matthew Freeman
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Ever since Richard Nixon's vice president, Maryland's own Spiro Agnew, described the nation's ink-stained journalists as "nattering nabobs of negativism," attacks on the media have been reliably base-pleasing material for conservative politicians. But Donald Trump is in a category all his own. For most pols, attacking the press is a way to deflect criticism. For Trump, it was a defining element of his candidacy. At his rallies, he kept the press corps literally penned up so that he could more easily invite his audiences to scorn them. He's continued the same media-hostile approach during the transition, despite an apparent expectation that he would somehow become normalized by virtue of his election. There's no reason to think he will change after he's inaugurated.

Last week was littered with examples of hostility. Trump had an off-the-record session with television news heavyweights in which …

Nov. 18, 2016 by Evan Isaacson
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Last week, the Center for Progressive Reform co-hosted a symposium with the University of Maryland School of Law entitled "Halftime for the Bay TMDL." The symposium was supposed to be about what states, cities, counties, the U.S. Environmental Protection Agency (EPA), industry, and citizens can do to accelerate progress in the second half of the 15-year Chesapeake Bay clean-up effort. However, participants decided that it was equally important to discuss the potentially alarming prospects facing future Bay progress when a new administration and Congress take control next year.

Given that the conference was held one day after the election, it is no surprise that the agenda was partially hijacked by the need to answer big questions about the very future of the Chesapeake Bay Total Maximum Daily Load (TMDL). Attendees readily identified some threats to the Bay TMDL, such as the pending congressional effort to …

Nov. 10, 2016 by Matt Shudtz
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Where do we stand now that the election is over and the presidential transition is beginning? That's a common question these days. Those of us striving in the public interest had come to expect progress, and now that expectation has been dashed. For eight years, President Obama and his team of dedicated public servants did something remarkable. With their deep appreciation and respect for our system of government, they created conditions ripe for a vigorous and uplifting debate about the public policies that shape our lives. Now we are left to wonder if those conditions will endure.

Public interest advocates from countless walks of life had settled into a groove over the last eight years. Progress on environmental protection, public health, workers’ rights, civil rights, criminal justice, and many other fronts was never as fast as we would have liked, but we knew that if we …

Nov. 8, 2016 by Joel Mintz
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Today, Florida residents are voting on a number of items including Constitutional Amendment 1, misleadingly titled "Rights of Electricity Consumers Regarding Solar Energy Choice." Although it gives the appearance of promoting solar energy, Amendment 1 is actually a deceptively worded attempt by big, investor-owned utility companies (including FPL and Duke Energy), masquerading under the banner of "Consumers for Smart Solar," to suppress the growth of solar energy in the Sunshine State and maintain the utilities' current monopoly in the state's energy markets. 

While Amendment 1 purports to afford Floridians the right to install rooftop solar panels on their homes and businesses, that right already exists under Florida law. What is actually needed for solar energy to compete with and replace fossil-fuel generated energy is the installation of "net metering," a technique that will provide an incentive for rooftop solar power users to "sell back" rooftop-solar-generated power …

Nov. 7, 2016 by Victor Flatt
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During the U.S. presidential race, much ink has been spilled on how important the election is. But one of the most important issues of all – climate change – has made little appearance in the election discourse, even though it is one of many issues on which the candidates have sharp divisions.

But those divisions are not just important at the federal level. Climate change and environmental risk have also been politically divisive at the state level. Many state governments have made decisions about easing, ignoring, or repealing environmental and climate laws, and these decisions could literally be killing people.

We are all familiar with the Flint drinking water crisis of the last year, where many people, including vulnerable children, have been harmed by lead exposure brought about by budget decisions about the water supply, which failed to account for potential environmental impacts. Other states, including Texas, have …

Oct. 27, 2016 by Alice Kaswan
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It's been a month since the D.C. Circuit heard oral arguments on the Clean Power Plan, and the nation is in wait-and-see mode. But our report, Untapped Potential: The Carbon Reductions Left Out of EPA's Clean Power Plan, released today by the Center for Progressive Reform, shows that, even if the Plan is upheld, continued climate initiatives to control existing power plant emissions are warranted and workable.

Our analysis demonstrates that EPA identified numerous available reduction opportunities that were not incorporated into the Clean Power Plan's requirements. By 2030, these opportunities could have reduced emissions from existing sources by almost 400 million tons of carbon per year in comparison with the Clean Power Plan's requirements.

Whether EPA should or shouldn't have incorporated them into the Clean Power Plan is not the point. What is the point: given the pressing risks of …

Oct. 26, 2016 by Matthew Freeman
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Whatever else may be said about Ken Bone, the red-sweatered citizen questioner at the second presidential debate earned an important place in the pantheon of presidential debates: He's the only person to ask a debate question remotely related to climate change in the last eight years.

As it happens, his question wasn't all that direct, since it didn't actually use the words "climate change." Here's what he asked: "What steps will your energy policy take to meet our energy needs, while at the same time remaining environmentally friendly, and minimizing job loss for fossil power plant workers?"

Donald Trump, not surprisingly, wasn't all that interested in talking about climate change, what with it being a Chinese hoax and all that. To her credit, Hillary Clinton made the connection, actually uttering the words, "climate change," as part of a discussion about the economics …

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