Monthly Archives: October 2018

Review of New Source Review Changes in Affordable Clean Energy (ACE) Proposal

October 29, 2018 The Trump administration’s Affordable Clean Energy (ACE) proposal to replace the Clean Power Plan (CPP) includes an amendment to the Clean Air Act (CAA) New Source Review (NSR) program that would significantly curtail the applicability of NSR permitting to power plants. In doing so it would weaken a program that the EPA […]

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Hydrofluorocarbons and the Refrigerant Management Program

The Environmental & Energy Law Program is tracking the environmental regulatory rollbacks of the Trump administration. Click here for the list of rules we are following. If you’re a reporter and would like to speak with an expert on this rule please email us. Why it Matters In 1994, the Environmental Protection Agency (EPA) began approving hydrofluorocarbons (HFCs) […]

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Peskoe Discusses Distributed Energy Resources with State Regulators

October 26, 2018 Last week, Electricity Law Initiative Director Ari Peskoe presented his recent paper about regulation of distributed energy resources to the Organization of MISO States (OMS). OMS is a committee of state regulators from 15 midwestern and southeastern states whose utilities participate in the regional electricity market operated by the Midcontinent ISO (MISO). […]

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Subverting the Process of Setting Health-Based Air Quality Standards: Part II

In its latest two-step, the EPA once again is deliberately narrowing the frame through which it obtains scientific analysis of the link between air pollution and public health. First, the agency is excluding qualified scientists from the Clean Air Science Advisory Committee (CASAC), the independent group charged by the Clean Air Act with providing the […]

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Caitlin McCoy speaks on Local GHG Reductions, Clean Water Rule

October 24, 2018 Environmental & Energy Law Program Fellow Caitlin McCoy spoke at the Maryland Journal of International Law’s Fall Symposium, “Transnational Perspectives on U.S. Withdrawal from the Paris Climate Agreement” on September 27. The symposium brought together international and environmental law experts—from lawyers to academics and beyond—to discuss the issues with U.S. withdrawal from […]

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Changing What Science the EPA Will Consider – Part III

We have written previously about the EPA’s effort to close its eyes to established science as a means of undermining public health protections. Part I explains what this anti-science effort is and why it matters, and Part II outlines the flaws in the specific proposal that the EPA offered. As part of the public comment process, a […]

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Clinic Director Jacobs Participates in Oct. 19th HSPH Forum, Conflicts Over Science and Policy at the EPA: Where Are We Headed?

On October 19, 2018, Clinic Director Wendy Jacobs participated in a panel discussion at the Harvard T.H. Chan School of Public Health (HSPH) Forum, Conflicts Over Science and Policy at the EPA:  Where Are We Headed? The panel discussion looked at the status of evidence-based environmental policy in the U.S., and provided an opportunity to […]

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Legal Analysis of the Proposals to Repeal and Replace the Clean Power Plan

In October 2017, EPA proposed repealing the Clean Power Plan because the agency is changing the interpretation of section 111(d)’s “best system of emissions reduction” (BSER), which EPA relied on when issuing the CPP. The CPP determined that BSER included the replacement of higher-emitting generation with lower-emitting generation supplied via the grid (“generation-shifting”). The repeal proposes that the “best” interpretation of Clean Air Act section 111(a)(1)’s “best system of emission reduction” is limited exclusively to measures that can be applied “inside the fence line”.

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Goffman in The Environmental Forum: Reconstructing an Administrative Agency

10/10/2018 “‘Be grateful to everyone.’ Buddhists in Tibet say this to remind themselves that adversity offers a path to enlightenment. In that spirit, this is an overdue thank you note to former administrator Scott Pruitt, for reminding us what EPA is for. His efforts to roll back a host of air, water, and waste rules […]

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Solar Power International Features Ari Peskoe

10/2/2018 Last week, Electricity Law Initiative Director Ari Peskoe presented at Solar Power International, an industry trade show and conference that attracted 20,000 attendees. Peskoe’s talk outlined legal objections to state clean energy programs, explained why legal challenges have failed to overturn any state renewable energy programs, and summarized the fractured jurisdictional landscape that governs […]

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