The Pull of Energy Markets -- and Legal Challenges -- Will Blunt Plans to Roll Back EPA Carbon Rules
Professor Hari Osofsky of Pennsylvania State University co-authored this article with Center for Progressive Reform Member Scholar and Florida State University College of Law Professor Hannah Wiseman. It originally appeared in The Conversation on October 13, 2017.
On Oct. 10, EPA Administrator Scott Pruitt formally announced a repeal of the Clean Power Plan, regulation intended to curb greenhouse gas emissions from existing coal- and natural gas-fired power plants.
This follows a directive only a week earlier by Energy Secretary Rick Perry for the the Federal Energy Regulatory Commission to start a process to essentially subsidize coal and nuclear power plants.
At first blush, these developments give the impression that the U.S. power sector is about to take a dramatic turn, and these decisions do indeed represent a significant shift in U.S. policy. But major changes on the ground are unlikely to happen overnight, or perhaps even in the next several years, for many reasons. Topping the list are legal challenges and simply the way competitive energy markets work.
Headwinds from natural gas, wind and solar
Legally, the Clean Power Plan repeal is already facing a challenge. The same day as its demise was announced, New York Attorney General Eric T. Schneiderman responded that he would lead a coalition of states and localities in a lawsuit defending the Clean Power Plan.
Unless the Trump administration replaces the Clean Power Plan with something that addresses greenhouse emissions adequately, its decision is
Yale economist William Baumol has written extensively on the connection between innovation and economic productivity. He has demonstrated that the United States has long been committed to promoting innovation, and through innovation, virtuous circles of economic growth are created. Unfortunately, the current administration appears committed to curtailing, even stopping, that growth. The president's first budget has many targets. One, though, directly contradicts Baumol's research and, more problematically, directly contradicts the U.S. Constitution. From the Founding, it has been a fundamental
Is Texas Cleaning Up Its Act?
At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, but this might not matter because "arguably, you're seeing market-based decarbonization" due to technological changes. Case in point: Texas. Market trends are pushing Republican stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all of the state's grid, recently projected that in the next fifteen years, Texas will add almost 20 gigawatts of solar, equivalent to 15-20
Uninformed and Unqualified: A Brief Run-Down of Rick Perry's Energy Department Nomination
There are few reasons for the Senate to confirm former Texas Governor Rick Perry as Secretary of the U.S. Department of Energy (DOE) and many reasons to oppose his confirmation. He famously vowed to abolish the DOE when he ran for president in 2012 (along with several other federal agencies) but then could not even remember the name of the agency when asked about it during the Republican primary debates. One might have guessed at that time that he knew
A Win-Win Energy Law in Illinois
It went pretty much unheralded by the national media, but in December, Illinois adopted a major new energy law – and with strong bipartisan support. Each side had some things to celebrate. Republican Governor Bruce Rauner touted the impact of the law on utility bills. According to the governor, the law "contains a guaranteed cap that energy prices cannot increase more than 25 cents on the average residential home, and cannot increase more than 1.3 percent on commercial and industrial
Florida's Constitutional Amendment 1 Is Anti-Solar Energy
by Joel Mintz | November 08, 2016
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
Maryland's Environmental and Energy Policy Moving Backward under the Hogan Administration
Larry Hogan promised to be the "best environmental governor that's ever served" in Maryland. But three recent policy developments call that claim into question. Earlier this year, the Hogan administration vetoed the Clean Energy Jobs Act, which would have raised Maryland's renewable energy portfolio standard – the share of electricity that energy providers must derive from renewable sources – from 20 percent by 2022 to 25 percent by 2020. A stronger commitment to renewable energy could have had a tremendous
Verchick in Slate: Connecting the Dots Between Climate Change and Our Vulnerable Energy Grid
by Brian Gumm | August 29, 2016
It's common knowledge that our energy choices impact the planet's climate, but less widely known is how climate change and its intensified storms, heat waves, droughts, and water shortages affect our energy grid. Already vulnerable, the grid can suffer catastrophic damage when a storm like Hurricane Katrina or Hurricane Sandy strikes. In an Aug. 26 article in Slate, Center for Progressive Reform Board President Rob Verchick explores these vulnerabilities and connects the dots between climate change and the grid. He
The Clean Power Plan: Issues to Watch
As soon as next week, the Obama Administration is expected to release the final version of its long-awaited Clean Power Plan, an ambitious regulatory package under the Clean Air Act’s provisions that will ultimately reduce greenhouse gas emissions from power plants, the largest single source of U.S. emissions. The latest rumor in rumor- and sun-drenched Washington is that the rule will come on Monday. It’s as certain as the sun rising in the east that the energy industry and their
An Energy No-Brainer
Reposted from Legal Planet, by permisison. There are a lot of things to disagree about in terms of energy policy. One thing that ought to be common ground, as discussed in a Washington Post column, is increased research in energy R&D. As this chart shows, federal support for energy R&D is smaller than it was under Ronald Reagan: The economic argument for supporting R&D is simple. Private firms don’t have enough of an incentive to engage in basic research because
The Reliability of the Sun and the Wind
The following is reposted from the Environmental Law Prof Blog. The electric utility industry often complains that renewable energy proponents don’t pay enough attention to the intermittency of renewable resources. A common refrain is “the sun doesn’t always shine and the wind doesn’t always blow.” The industry then reminds us that, for a reliable electricity grid, supply and demand must be in balance at all times. The implication is that this will be impossible if we rely heavily on renewable energy. A new report published by the
Steinzor Testifies Today on Proposed Giveaway to Energy Industry
This morning, CPR President Rena Steinzor will testify before the House Energy and Commerce Committee about the proposed Energy Consumers Relief Act of 2013 (ECRA), yet another in a series of bills from House Republicans aimed at blocking federal regulatory agencies from fully implementing the nation's health and safety laws — in this case such landmark legislation as the Clean Air Act, and any other law enforced by the Environmental Protection Agency that is in any sense "energy-related." Here's the
The McAteer Report: A Mine Safety Blockbuster
The report issued this morning by the Governor's Independent Investigation Panel on the West Virginia mine explosion that killed 29 miners at the Massey Energy Company’s Upper Big Branch Mine just over a year ago will never make the New York Times best seller list. But it should be required reading for all policymakers with responsibility for protecting the safety of the workers who spend much of their lives deep underground digging coal. Although the Mine Safety and Health Administration