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North Carolina Legislature Aims to Derail State’s Climate Progress

In the midst of countless federal deregulatory actions, it’s easy to lose track of what’s happening to undermine states’ climate regulations and laws. Here in North Carolina, we are facing the cascading consequences of federal deregulation layered on top of threats to our state’s carbon plan law.

House Bill 951 became law in October 2021. It ordered the North Carolina Utilities Commission (Commission) to make a 70 percent reduction in carbon emissions by 2030 and to reach carbon neutrality by 2050. The Commission passed decarbonization planning over to the monopoly utility in the state — Duke Energy — instead. Now in its second iteration, Duke Energy’s already paltry carbon plan is at risk for even more “watering down.”

The current plan fails to take affordability and equity into full account, nor does it meet the letter of the law to decarbonize. Instead, the November 2024 Carbon Plan order includes the build out of three times the original proposed amount of methane gas capacity and neglects the interim carbon reduction timeline outlined in the law. While there are some additional clean energy resources like 3,460 megawatts (MW) of new solar generation, the order still includes disproportionate amounts of methane gas — a pollutant 28 times more effective at trapping heat than carbon dioxide. 

And now, even this minimal progress is at risk with a new Senate bill introduced in March 2025. Senate Bill 261 seeks to entirely eliminate the interim 2030 carbon reduction goal. Further, this legislation attempts to make ratepayers foot the bill for new power plant construction before these facilities even generate electricity. Known as a “construction-work-in-progress” mechanism, similar legislation in nearby South Carolina left ratepayers assuming financial risk for billions in funding for a nuclear power plant that never materialized.

Senate Bill 261 is a bad deal for North Carolinians. We want clean, affordable, equitable energy, not toxic, polluting methane gas and expensive, unnecessary construction projects.

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air pollution

Sophie Loeb | April 15, 2025

North Carolina Legislature Aims to Derail State’s Climate Progress

In the midst of countless federal deregulatory actions, it’s easy to lose track of what’s happening to undermine states’ climate regulations and laws. Here in North Carolina, we are facing the cascading consequences of federal deregulation layered on top of threats to our state’s carbon plan law.

James Goodwin | April 10, 2025

Trump’s Latest Anti-Regulatory Actions Are an Authoritarian Attack on Administrative Law

During the night of April 9, President Donald Trump continued his administration’s radical assault on our nation’s critical system of regulatory safeguards with three new executive orders and a separate memorandum. These actions build on several previous ones that target regulatory safeguards, and they traffic in a lot of the same false rhetoric about the essential role our regulatory system plays in our society. But what makes these actions different is the manner in which they trample on administrative law and the procedural protections that it is meant to uphold.

A coal power plant emitting carbon emissions into the air

Daniel Farber | April 9, 2025

Trump’s Discordant Coal Quartet

On April 8, flanked by a few coal miners in hard hats, President Donald Trump signed four executive orders to restore their industry to its past glory. Given that coal is now the most expensive way to generate power other than nuclear, that’s going to be a heavy lift. Like many of Trump’s orders, these four are full of threats and bluster but will have little immediate effect.

Federico Holm | April 7, 2025

CRA By the Numbers 2025: Update for April 7, 2025

Since our last update (March 31), we have seen some movement regarding CRA resolutions. There have been no new resolutions signed into law (only two so far), but two more resolutions have cleared both chambers, so we can expect a signature from the president soon.

Federico Holm | April 1, 2025

Trump’s Approach to Public Lands? Expanding the Extractive Economy and Declaring a War on Nature

On March 3, Randy Moore, the 20th chief of the U.S. Forest Service, stepped down after a lifelong career that started in 1981. A soil scientist and forester, Moore was also the first African American chief of the Forest Service. His resignation came on the heels of a widespread wave of mass firings of Forest Service personnel that amounted to approximately 10% of its workforce. In his farewell letter, Moore laid bare his frustration regarding the ongoing dismantling of the agency and the need for personnel to stick together and remain nimble, adding that for those in the Forest Service “feeling uncertainty, frustration, or loss, you are not alone.” Moore was replaced by Tom Schultz, a timber executive with deep ties to the logging industry. Schultz is also the first chief in Forest Service history who has not previously worked in the agency. In his introduction letter, Schultz highlighted his 25 years of land management, focusing on his timber and mineral extraction directive roles in Idaho.

Joseph Tomain, Sidney A. Shapiro | March 31, 2025

Lessons From History Can Help Restore Stability

As the authors of a book that argues that a combination of government and markets has built a country truest to its fundamental political values, we see plans to radically downsize government as a contradiction of the historical evidence. As our book relates, the country has established a web of laws that interact with markets to build up our infrastructure, protect people, and help the most vulnerable among us.

Federico Holm | March 31, 2025

CRA By the Numbers 2025: Update for March 31, 2025

Since our last update (March 18), we have seen some small changes regarding CRA resolutions. There have been no new resolutions signed into law (only two so far), and there are now seven resolutions that have passed one chamber. This means that in addition to the six resolutions that had already cleared one chamber (you can see our previous update for a detailed description of those resolutions), there have been votes on four other resolutions.

Jamie Pleune, John Ruple, Justin Pidot | March 28, 2025

The Trump Administration Is Making the NEPA Process Worse for Everyone

On February 25, the White House Council on Environmental Quality (CEQ) issued an interim final rule (IFR) rescinding the CEQ regulations implementing the National Environmental Policy Act (NEPA). On March 27, we submitted a comment, along with 25 other professors, identifying the severe challenges this rescission will create for critical infrastructure projects and other important federal activities.

Shelley Welton | March 24, 2025

A Sorely Needed Defense of Government’s Possibilities

\In How Government Built America, Sidney A. Shapiro and Joseph P. Tomain offer a sweeping account of the role of government in building the United States. Readers will encounter a tour de force of U.S. history that includes topics as diverse as the regulation of early taverns; founding-era debates over bureaucracy; Andrew Jackson’s spoils system; the post office; the Civil War; monopolies and the Gilded Age; immigration, tenements, and slums; populism and muckrakers; Keynesianism and the New Deal; nuclear power development and the space race; the civil rights movement; the Vietnam War; Rachel Carson and Earth Day; Ralph Nader and consumer protection; the War on Poverty; Alfred Kahn, President Jimmy Carter and deregulation; Reaganomics; the Affordable Care Act; governmental outsourcing; the judiciary’s evolving role in government; January 6; COVID-19 and Anthony Fauci; and climate change and the Inflation Reduction Act.