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States Rally Around Renewables

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:

In another example of independent state action, the Western Governors Association recently passed a bipartisan policy statement related to methane. Bipartisan efforts like this shouldn't be rare, but they seem to be. The statement says that methane is "a potent greenhouse gas emitted from a variety of sources, including oil and gas operations, coal mines, landfills, agriculture, and natural sources." Thus, the statement continues, "there are environmental and economic benefits of reducing methane emissions and opportunities for the beneficial use of this natural resource." Consequently, the statement calls for federal methane regulation to "(1) ensure that the capture, commoditization, and sale of methane is promoted; (2) give states the flexibility to integrate a variety of technologies and tools to achieve methane emission reduction standards; (3) recognize methane emissions reductions that result from existing state regulation of volatile organic compounds; and (4) work with states to ensure the consistent use of a single, clear method of quantifying methane emissions." The Association contains governors of all the western states, including many Republicans.

The news out of D.C. tends to range from bad to worse, except on the ideas where it's more like crazy to crazier. Nevertheless, there are good things happening in other parts of America. Meanwhile, coal plants across the county are continuing to close as Trump searches frantically for some kind of tourniquet to stem the bleeding. But like King Canute yelling orders at the ocean from the shore, he may find it difficult to turn back the tide.

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Daniel Farber | October 29, 2018

States Rally Around Renewables

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 […]

Alice Kaswan | October 25, 2018

Fresno Bee Op-Ed: Trump Rolls Back Clean Car Standards as Air Quality Worsens

This op-ed originally ran in the Fresno Bee. Cities in the San Joaquin Valley continue to land among the American Lung Association's top 10 most polluted communities in the country. Meanwhile, on Tuesday, the comment period closed on the Trump administration's plans to ratchet back federal emissions standards and eliminate California's authority to run its […]

Daniel Farber | October 24, 2018

Modernizing the Grid

Cross-posted from Legal Planet. In my last post, I talked about how Obama's Clean Power plan was the right response to a changing grid. The grid is in the process of changing even more. It was designed for some relatively straightforward tasks. The main power plants, mostly burning coal (but sometimes natural gas or nuclear […]

Daniel Farber | October 23, 2018

Jumping the Fence Line, Embracing the Grid

Cross-posted from Legal Planet. Click here for the follow-up post. If you've been reading this blog or otherwise keeping up with environmental law, you've probably heard this a hundred times: In rolling back Obama's signature climate regulation, the Clean Power Plan, the Trump administration is relying on the idea that EPA's jurisdiction stops at the fence line. That is, according to the Trump folks, EPA can impose measures on each plant, but not measures that go beyond the fence line like requiring more use of renewable energy of a coal or natural gas generator. I've blogged previously about why this argument might not even apply because reducing your operating hours is something you can accomplish without getting close to the fence, let alone crossing it.

Katie Tracy | October 22, 2018

OSHA’s Fall Regulatory Agenda: Worker Protections Not a Priority

The Trump administration has few plans to protect workers from emerging workplace health and safety hazards, according to the regulatory agenda released by the White House on October 16. This is nothing new for this administration, which has consistently neglected to take up worker protections, instead focusing the Occupational Safety and Health Administration's (OSHA's) resources […]

Martha McCluskey, Sidney A. Shapiro | October 18, 2018

The Hill Op-Ed: As Hurricanes Expose Inequalities, Civil Courts May Be ‘Great Equalizer’

This op-ed originally ran in The Hill.  While hurricanes like Florence are technically “natural” disasters, the Carolinas are experiencing the ways that the distinctly human-made problems of social and economic inequality reinforce and aggravate storm damage. Exhibit A is the catastrophic breaches and spills from the enormous manure “lagoons” located on North Carolina’s many factory-scale hog […]

Daniel Farber | October 17, 2018

‘National Security’ Coal Bailout Collapses

Cross-posted from LegalPlanet. In its desperate effort to save the failing American coal industry, the Trump administration promised to use emergency powers to keep coal-fired power plants in operation even though they're not economically viable. That would have been the kind of disruptive change that Trump promised to bring to Washington. But the effort seems to […]

James Goodwin | October 17, 2018

Trump’s Fall Anti-Safeguards Agenda: No Country for Young Children

The Trump administration's Fall 2018 regulatory agenda dropped late last night, and as with previous iterations of this preview of what's to come on the regulatory front, it is chock full of numbers – at least the kinds of numbers partisan ideologues and regulated industries care about. But what these numbers don't reveal are the […]

Joel A. Mintz | October 16, 2018

Justice Delayed: Mercedes-Benz’s Diesel Pollution Remains Unprosecuted

To serve the cause of justice, law enforcement must be prompt, even-handed, and appropriate to the circumstances of individual cases. In their handling of an important recent pollution case, however, the enforcement activities of the Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) have been none of those things. The case involves the […]