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June 27, 2022 by Daniel Farber

Two FERC Cases and Why They Matter

This post was originally published on Legal Planet. Reprinted with permission. To learn more about the Federal Energy Regulatory Commission, its role in climate and energy justice, and how it can advance energy and regulatory democracy, see our April 2022 report.

The Federal Energy Regulatory Commission (FERC) has been called the most important environmental agency that no one has heard of. Recently, the D.C. Circuit decided two undramatic FERC cases that illustrate the agency's environmental significance. One involved a bailout to coal and nuclear plants, the other involved water quality.

The first case, Turlock Irrigation District v. FERC, involved FERC's role in approving licensing and relicensing of hydroelectric dams. It also raised an important issue about the role of state governments in approving federal projects and licenses.

Under the Clean Water Act, dam owners need to get certifications from state authorities that the dam will not harm water quality. States can approve, disapprove, or approve with conditions. The Turlock case involved an issue about the timing of certifications that has proved vexing. Congress allowed states only one year to act on a certification request. One year may not be enough time if the application fails to provide important information …

Nov. 8, 2021 by Daniel Farber
Solar Energy and Electricity

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

Late Friday, the House passed President Biden's infrastructure bill, the Build Back Better law. As The Washington Post aptly observed, the bill is the biggest climate legislation to ever move through Congress. It also attracted key support from some Republicans, which was essential to passing it in both houses of Congress. Biden is pushing for an even bigger companion bill, but the infrastructure bill is a huge victory in its own right.

One major area of spending is transportation. Some of that goes for roads and bridges. But as The Washington Post reports, there's a lot of money for rail and mass transit:

    "Another $66 billion will go to passenger and freight rail, including enough money to eliminate Amtrak's maintenance backlog. Yet another $39 billion will modernize public transit, and $11 billion more will be …

Sept. 3, 2021 by Robert Verchick
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This op-ed was originally published in the Washington Post.

Ask just about any New Orleanian to name the most exasperating thing about the aftermath of Hurricane Ida, and you’ll get the same answer. It isn’t the floodwater. Or the roof damage. It’s something more familiar but equally as threatening to life, health and property: power failure.

This week, Entergy, Louisiana’s largest power company, warned customers to brace for several days or even weeks without power. That means no light, no microwave oven, no refrigerator — and getting by on candles and canned food. It means no air conditioning amid an often-triple-digit heat index, no computer and no Internet, unless you can get online with a smartphone — which you don’t have power to charge. Gas stations are closed because electric pumps can’t pump. In some neighborhoods, toilets don’t flush because sewage …

Aug. 12, 2021 by Maggie Dewane
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It came as no surprise to environmentalists this week that the Intergovernmental Panel on Climate Change’s (IPCC) most recent climate report paints a stark picture: Climate change is happening faster than previously predicted, and the precipice we’re standing on is quickly disintegrating. But there are still plenty of things we can do to battle the climate crisis and adapt to current and future impacts.

Building off the IPCC’s last report in 2013, this assessment brought more than 200 scientists together from around the world to consider all climate research available. The result is the most comprehensive analysis on climate change to date.

Since the last assessment, climate models have become increasingly accurate, making the links between human activity and climate change irrefutable and drawing direct correlations between specific weather events and climate change. 

Other key findings:

  • The last decade was the hottest in 125 …

July 2, 2021 by Maggie Dewane
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When in the Course of human events, it becomes necessary for all people to dissolve the reliance on finite energy sources, and to assume a sustainable future, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the demands of humankind requires that they should declare an end to fossil fuel dependence. 

Six in ten Americans support dramatic reduction of the country’s fossil fuel use to reduce greenhouse gas emissions and address climate change. While this isn’t a unanimous declaration, it represents a truth that policymakers and big corporations have been resisting: The majority of Americans believe there is urgency in addressing climate change and that transitioning away from fossil fuels is a necessary component of climate action.

To establish our independence from fossil fuels, there is no silver bullet, but a multitiered …

June 15, 2021 by Alina Gonzalez
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A few years ago, the prospects of offshore wind energy seemed lofty, but the industry is finally taking off. As part of his efforts to combat climate change, President Joe Biden has pledged to double offshore wind production by 2030. This commitment stems from the enormous benefits and potential that wind energy can provide as we transition to clean, sustainable energy. 

Harnessing something as intangible as wind may seem like an unlikely source of energy, but it’s downright powerful, thanks to the design and capacity of offshore wind farms. A single rotation of General Electric’s most powerful turbine, Haliade-X, can power a household in the United Kingdom for two days. Results may differ slightly in the United States because the average U.S. household uses about three times more electricity than the average U.K. household. 

Last month, the Biden administration approved the Vineyard Wind …

June 8, 2021 by Clarissa Libertelli
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Today is World Oceans Day, a time to consider how ocean policy connects to human and environmental health. This year’s theme of “Life and Livelihoods” comes as our federal government is finally making energy jobs and climate justice a priority. It is also an opportunity to reflect on one of the most devastating events to impact Gulf Coast waters and those who depend on them — the BP/Deepwater Horizon oil spill of 2010. Eleven years on, workers continue to raise the alarm over the spill’s long-term health impacts, fighting against a backdrop of weak safety regulations.

Eleven workers were killed and 17 injured in the oil rig explosion that caused the largest marine oil spill in history, flooding over 200 million gallons of oil into the Louisiana coast for more than 87 days. The disaster and subsequent media frenzy rallied politicians and the public against …

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 27, 2021 by Karen Sokol
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This op-ed was originally published in Drilled News on May 26, 2021. This is an excerpt.

Last week, the U.S. Supreme Court weighed in on an important case about whether major oil and gas companies should be held accountable for engaging in a systematic marketing campaign to deceive the public about the catastrophic threat that fossil fuel products pose to the planet. 

The Court didn’t consider the merits of the case but rather answered an obscure procedural question in a way that permits the defendants to continue to delay litigation in state court, and thereby also serves to deny the public essential information about the fossil fuel industry’s attempt to spread disinformation about its products’ role in fueling the climate crisis.

In the case, Baltimore alleges that the companies used deceptive marketing tactics to hide the danger of fossil fuel products in order to …

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 …

CPR HOMEPAGE
More on CPR's Work & Scholars.
June 27, 2022

Two FERC Cases and Why They Matter

Nov. 8, 2021

The Climate Bill Inside the Infrastructure Bill

Sept. 3, 2021

Washington Post Op-ed: The New Orleans Power Outage Shows How Urgently a Climate-resilient Power Grid Is Needed

Aug. 12, 2021

Following the Most Recent UN Climate Change Report, Here Are Some Policies to Move Us Forward

July 2, 2021

Declaring Our Independence from Fossil Fuels

June 15, 2021

Wind on the Water: Five Benefits of Offshore Wind Energy

June 8, 2021

Waiting for a Reckoning: Reflections on World Oceans Day, the BP Oil Spill, and Worker Safety