Seven Bright Spots of 2018

by Daniel Farber | December 31, 2018

A version of this post was originally published on Legal Planet.

Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points.

  1. Scott Pruitt. Pruitt resigned under fire. While his successor may be more successful in some ways, the fact remains that Pruitt was a disgrace. We're better off without him. Trump was apparently unfazed by his incompetence and aversion to hard work. But the succession of scandals and investigations – about personal travel at government expense, extravagance, the top-secret phone booth in his office, and so on and so on – eventually got to be too much of a distraction that threatened to undermine Trump's own monopoly on the spotlight.
     
  2. Ryan Zinke. Yet another bad apple who was forced out. His acting replacement is equally wrong-headed and more competent but has multiple conflicts of interest that require him to recuse himself from many disputes. Which is probably a good thing.
     
  3. Judicial rulings. The Trump administration continued to have a terrible record in court on environmental issues. According to Brookings, the administration's record is now one in eighteen. Apart from losing litigation over its efforts to postpone Obama-era rules without obeying the proper procedures, the administration also lost a couple of efforts to defend Obama-era efforts, resulting in mandates that it take regulatory action.
     
  4. States. As I blogged ...

States Rally Around Renewables

by Daniel Farber | October 29, 2018
Cross-posted from Legal Planet. The Center for Law, Energy, and the Environment published a survey of state energy policies through 2017. The trend toward renewables has continued in 2018. Even after nearly two years of the Trump presidency, states haven't given up. Instead, they're moving forward aggressively. If anything, Trump seems to have stimulated these states to try even harder. Here's a quick rundown of what's happened so far in 2018: California mandated that all new homes have solar energy and ...

What Hath FERC Wrought?

by Daniel Farber | July 12, 2018
At the end of June, in a vote divided along partisan lines, the Federal Energy Regulatory Commission (FERC) handed down a sweeping order that will impact electricity markets in a wide swath of the country – likely at the expense of renewable energy and nuclear power. Unfortunately, like Trump's power plant bailout, the result may be to delay the closing of coal-fired power plants. That's a serious problem. A new study by researchers at Resources for the Future shows that ...

Let a Hundred (Municipal) Flowers Bloom

by Daniel Farber | May 17, 2018
In the era of Trump, one bright spot remains what's happening in cities across the nation. Here are some numbers: 402 U.S. mayors have endorsed the Paris Agreement and announced their intention of meeting its goals, while 118 have endorsed the goal of making their cities 100 percent renewable. A bit of quick research provides a sample of what some major cities are already up to: Atlanta. Atlanta's city council has set ambitious goals: 100 percent renewable energy for city ...

A Win-Win Energy Law in Illinois

by Daniel Farber | January 11, 2017
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

by Jeremy Baker | September 29, 2016
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 ...

The Reliability of the Sun and the Wind

by Lesley McAllister | April 17, 2013
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 ...

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