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Aug. 9, 2021 by Alina Gonzalez

How Big of a Deal Is Biden's Justice40 Initiative?

In his first week of office, President Joe Biden signed an executive order, "Tackling the Climate Crisis at Home and Abroad," that responds to climate change with an emphasis on environmental justice. Notably, the order creates a government-wide "Justice40 initiative," which sets a goal for disadvantaged communities most impacted by climate change and pollution to receive at least 40 percent of overall benefits from federal investments in climate and clean energy.

In attempts to provide key foundational principles for the initiative, the White House recently released a draft guidance document that details how federal agencies should advance the programs covered by the Justice40 Initiative. While the interim guidance provides some direction for the scope of the initiative, the commitment to direct 40 percent of spending to disadvantaged communities is not so straightforward.

The hope of Justice40 is that frontline communities, the ones most burdened by climate change and fossil fuel production, will directly benefit from funds that are meant to improve programs and policies in their communities. But advocates and policymakers will need to be vigilant to ensure the Justice40 initiative doesn't become another repeat of history caused by the government's failure to follow through on its …

July 30, 2021 by Daniel Farber
Solar Energy and Electricity

This post was originally published on Legal Planet. Reprinted with permission.

On Wednesday, Oregon Governor Kate Brown signed a package of four clean energy bills. These bills move the state to the forefront of climate action. They ban new fossil fuel plants and set aggressive targets for the state's two major utilities, requiring emission cuts of 80 percent by 2030, 90 percent by 2035 and 100 percent by 2040. This is not only a major step forward for the state; it should also clear the path to closer collaboration among Washington State, Oregon, and California on climate issues.

In signing the bills, Brown observed, "As we have all been experiencing, climate change is no longer a distant threat. It is here. In Oregon, and across the West, we are feeling its impacts every day."

The bill setting the state's aggressive targets passed the Oregon Senate on …

June 7, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Some events last week sent a strong signal that the tide is turning against fossil fuels. Each of the events standing alone would have been noteworthy. The clustering of these events dramatizes an important shift.

To paraphrase Churchill, this may not be beginning of the end for fossil fuels, but at least it is the end of the beginning of the campaign against them.

Two of the events involved striking decisions in lawsuits in other countries involving fossil fuels. A federal court in Australia ruled that the government had a "duty of care" toward its young people to protect them from climate change. Accordingly, it could be found guilty of negligence if it failed to take their interests into account when considering a request to expand a coal mine. The court said that "it is difficult …

June 3, 2021 by Maggie Dewane
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Season 5 of the Center for Progressive Reform's Connect the Dots podcast continues with Episode 4: That's an Order. Keep reading for a summary and to listen to the episode.

President Biden put climate policy front and center on his campaigning platform and wasted no time in pushing his agenda when he took office. The president has proposed $14 billion in spending on initiatives to fight the crisis in the nation’s 2022 budget, and he has appointed cabinet officials with informed backgrounds to offer guidance. He’s also altered tax incentives to favor clean energy over fossil fuels and promised to spur a job revolution that will protect workers in this sector.  But the U.S. is operated by three branches of government and federal powers are limited. It’s often the case that the "real work" is done on state and local levels. So, how …

May 20, 2021 by Brian Gumm
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Season 5 of the Center for Progressive Reform's Connect the Dots podcast continues with Episode 3: Banking on the Planet. Keep reading for a summary and to listen to the episode.

A couple weeks ago, Elon Musk hosted Saturday Night Live, a gig typically reserved for A-list movie stars, Grammy Award winners, and stand-up legends. But Musk has risen to fame through his electric vehicle and clean energy company Tesla.

Musk and Tesla have become a social, political, and cultural force in our country, driving an interest in environmental business, investing, and innovation. Through his company, Musk has put renewable energy on the map. His creations may be notoriously expensive, exclusive, and well beyond the reach of many Americans, but the movement he’s leading is growing. And mainstream investors are starting to put money behind it.

When it comes to innovation and clean energy, there’s …

May 6, 2021 by Brian Gumm
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Season 5 of the Center for Progressive Reform's Connect the Dots podcast continues with Episode 2: Capture the Enemy. Keep reading for a summary and to listen to the episode.

Companies using fossil fuels like oil, natural gas, and coal are facing heavy pressure to reduce their carbon footprint. If they don't, they could get hit with financial penalties or be completely shut down. In response, these corporations have come up with a treatment of sorts — it's called carbon capture and sequestration, or CCS for short.

The idea is that the industry can continue operating as it always has, but as a caveat, it will install a system to strip carbon from emissions. The carbon will be funneled through pipelines deep into the ground, where it will be buried forever. As a result, plants can keep running, businesses rally on as usual, there's less pollution in the …

April 22, 2021 by Brian Gumm
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The Center for Progressive Reform's Connect the Dots podcast returns for Season Five. This season, guests and host Rob Verchick will focus on issues related to energy. Keep reading for a summary and to listen to Episode 1: Fight the Powers That Be.

In 2020, the world banded together to fight the COVID-19 pandemic. Now, in 2021, the world continues to change, and we seem to be progressing forward. In turn, the spotlight shifts to another great calamity: climate change. The environmental crisis has made headlines with the Biden administration making climate mitigation and renewable energy top priorities.

With these advancements, researchers, corporations, innovators, and activists around the world are being tasked to follow suit. To stay united and take on another challenge: the transition to clean energy. But what does that entail exactly? How does a shift to renewables affect the average American household?

Scientists and …

March 30, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Coal- and gas-fired power plants are a major source of U.S. carbon emissions. The Obama administration devised a perfectly sensible, moderate policy to cut those emissions. The Trump administration replaced it with a ridiculous token policy. The D.C. Circuit appeals court tossed that out. Now what?

It wouldn't be hard to redo the Obama policy based on all the changes in the power industry since he left office, which would result in much more rigorous emissions controls. The problem is that the ultra-conservative majority on the U.S. Supreme Court is likely to be very skeptical of the legal basis of any plan that, like Obama's, requires states to expand use of renewable energy.

Opponents of Obama's plan made two legal arguments, which both came up again in the litigation over the Trump rule …

March 8, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

The COVID pandemic has provided a vivid picture of what happens when ill-prepared governments are suddenly hit with huge responsibilities. Underfunded state and local public health agencies were overwhelmed, while governors and local officials found themselves struggling to obtain and distribute vital supplies, from respirators to vaccines. Efforts to accelerate the transition away from carbon, such as a green stimulus, may run into similar problems if we neglect the agencies that will have to implement policies.

People tend to think of the energy transition in terms of wind turbines, solar panels, batteries, and charging stations for electric vehicles. That can presumably be accomplished through mandates to utilities or financial incentives. The trouble is that all of these changes have to function in connection with a power system that wasn’t built to accommodate them. That requires …

Feb. 24, 2021 by Robert Verchick
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Since I began serving on Louisiana’s Climate Initiatives Task Force, charged with finding a way to zero out net greenhouse-gas emissions by 2050, there is one question I get from people more than any other: “C’mon, are you serious?”

It’s not that Louisianans don’t see the need. Sea-level rise could soon swallow our coast, and hurricanes souped up by climate change are now the new normal.

The problem is how we see ourselves. Louisiana, I’m reminded, is an oil-and-gas state. Whatever were we thinking?

My quick response is Louisiana is really an energy state, with more sun and offshore wind than most of our peers.

My longer answer is that I really don’t know how serious we are. But I’ve started following a trio of issues that could tip the scale …

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