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Advances in State Climate Policy

Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the feds in climate policy. There were important developments in a multitude of states.

California

California remained a hotspot for climate action. In terms of transportation emissions, the California Air Resources Board (CARB) approved regulations banning the sale of new gas and diesel vehicles by 2035. The law contains important milestones: 35 percent zero-emission vehicles in 2026 and 68 percent in 2030. Several states are legally committed to follow the California standard. This agency action has already triggered regulation.

The California legislature enacted a major package of laws, including measures that will require the state to become carbon neutral by 2045 and produce 90 percent of its electricity from clean sources by 2035. The legislature also decided to keep the Diablo Canyon nuclear plant open for now.

The East Coast

Across the country in Massachusetts, sweeping new climate legislation directs investment toward renewables, the power grid, and stationary storage. The law also includes funding for offshore wind energy and electricity grid improvements, incentives for electric vehicles and appliances, and additional provisions focused on natural gas. Notably, the law allows ten cities to ban new natural gas hookups.

Nearby New York issued a draft scoping plan early in the year and finalized it just before Christmas. The plan is designed to achieve the state’s goals of an 85 percent reduction in emissions below 1990 levels in 2050 and 100 percent zero-emission electricity by 2040.

Also on the East Coast, a new Rhode Island law mandates that 100 percent of the state’s electricity use must be offset by purchases from renewable sources by 2033.

Further south, Maryland enacted an ambitious new law. Under the 2022 Climate Solutions Now Act (CSNA), a new greenhouse gas emissions reduction target was established: 60 percent below 2006 emissions by 2031 and net-zero emissions by 2045. Sadly, neighboring Virginia is backsliding and moving toward withdrawal from the regional emissions trading system, the Regional Greenhouse Gas Initiative (RGGI).

The Midwest

Meanwhile, in the Midwest, there was a big win for offshore wind. The Ohio Supreme Court upheld a permit for what could be North America’s first freshwater wind farm in the Great Lakes.

What's Next?

This is only a sample of state-level developments in 2022. The November elections also laid the foundations for further advances in state climate policy. The Democrats took control of the governor’s mansions in Maryland, Massachusetts, and Arizona while keeping control in closely contested races in Wisconsin and Kansas. The Republicans took the governorship in Nevada, but Democrats firmly control the legislature, which should limit backsliding. Democrats also picked up control of legislative chambers in Minnesota, Michigan, Pennsylvania, and left Republicans with very thin margins in both houses of the Arizona legislature.

State climate action will also be accelerated by recent federal spending legislation. In August, states submitted plans to access $5 billion in federal funding from the Infrastructure Act to develop a national electric vehicle charging network. The Department of Energy solicited applications from states for the development of renewable resources, efficiency improvements, installation of electric vehicle chargers, and other clean energy projects. Another important provision for all state governments is in the Inflation Reduction Act: $250 million to support emission reduction planning by state governments.

Looking ahead, the election results and federal funding are likely to supercharge activities at the state level. 2023 promises to be a busy year for state legislatures and energy regulators.

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Daniel Farber | January 5, 2023

Advances in State Climate Policy

Last year, Congress took its first big step into climate policy by passing blockbuster spending measures. Nonetheless, many states are ahead of the feds in climate policy. There were important developments in a multitude of states.

Allison Stevens | January 4, 2023

Member Scholars Light the Way to a Brighter Future for All

Greetings from sunny San Diego, where the Center for Progressive Reform is gathering alongside the annual Association of American Law Schools conference to celebrate 20 years of impact and explore legal and policy changes that would secure a more sustainable climate and a more just transition to clean energy. Also at the top of our agenda: celebrating our invaluable Member Scholars.

Daniel Farber | January 3, 2023

The Year Ahead

Here we are, starting another year. Last year turned out to have some major environmental developments. The most notable were the U.S. Supreme Court’s ruling in the West Virginia v. EPA case, striking down the Clean Power Plan, and the passage of the Inflation Reduction Act, with its huge economic incentives for clean energy. Here’s a quick rundown of what 2023 might hold in store.

Robert L. Glicksman | January 3, 2023

Op-Ed: How Climate Legislation Protects the Environment and Public Health

In August, with relatively little fanfare, President Biden signed into law the Inflation Reduction Act. While the act’s provisions do indeed have the potential to reduce inflation, it also represents the most significant measure Congress has ever adopted to combat climate change. The act’s measures to mitigate climate change have attracted some attention in the press, but what has been largely missing has been an analysis of its potential to deliver important protections against the myriad adverse public health consequences that scientists have linked to climate change.

climate protestors demanding climate and racial justice

Catalina Gonzalez, Katlyn Schmitt | December 15, 2022

Directing Federal Investments to Communities that Need Them Most

In 2021, President Joe Biden created the Justice40 Initiative, which directs at least 40 percent of federal investments in climate, energy, transit, workforce, infrastructure, and environment-related programs to “disadvantaged communities.” The benefits are far-reaching and range from reduced air pollution and greenhouse gas emissions, lower energy burdens (the share households spend on electric and other energy bills), improved public transportation, and the creation of clean energy jobs and training opportunities, among others.

Protestors holding a climate justice sign

Karen Sokol | December 14, 2022

What Comes After the Loss and Damage Fund for Responsibility and Repair in a Climate-Disrupted World?

Climate-driven geophysical shifts are driving geopolitical shifts that are putting increasing pressure on international law and global governance. The recent landmark decision to establish an international “loss and damage” fund offers a glimpse into the challenges and opportunities presented by these ongoing disruptions.

air pollution

Catalina Gonzalez | December 13, 2022

California Agency to Vote on Climate Change Plan

After a year and a half of work, the California Air Resources Board (CARB) is poised to vote on an updated statewide climate plan. The final draft of the plan incorporates ambitious targets for achieving carbon neutrality by 2045, which were updated in September to reflect new legislation and Governor Gavin Newsom’s push for stronger action.

Allison Stevens | December 9, 2022

Virginia’s ‘Gentle Giant’ Leaves Long Legacy in Environmental Justice

Gentle giant. These two words appear over and over again in tributes to the late Rep. Donald McEachin, who died on November 28 from complications from cancer. He was 61. The Virginia Democrat indeed stood tall in the halls of Congress, where he served constituents in and south of Richmond. But he was a giant in the figurative sense of the word, too, particularly when it came to racial equity and environmental justice — issues he championed over two decades in political office.

James Goodwin | December 8, 2022

OIRA Is Working to Improve Public Participation in the Regulatory System. Here Are Some Ideas.

Last month, the White House Office of Information and Regulatory Affairs (OIRA) announced that it was conducting a public listening session to obtain ideas about how the Biden administration could strengthen the public’s ability to engage in the regulatory system. This is an issue we at the Center have been working hard on in recent years. So, we were happy to answer OIRA’s call.