Category Archives: Policy Initiative

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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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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Mercury and Air Toxics Standards – EPA Review

9/28/18 In late August, the Environmental Protection Agency (EPA) announced that it would be reviewing: The agency’s prior determination that regulating power plant hazardous air pollutant emissions under section 112 of the Clean Air Act was “appropriate and necessary”. The air pollution control requirements of the Mercury and Air Toxics rule, which were issued on […]

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Arctic National Wildlife Refuge – Oil and Gas Development

The Arctic National Wildlife Refuge (ANWR) consists of more than 19 million acres of wilderness in northeastern Alaska. The refuge includes some of the most pristine, untouched lands and waters within the United States. On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act of 2017. Section 20001 of the Act authorized oil and gas exploration, leasing, development, and production on ANWR’s Coastal Plain.

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Arctic National Wildlife Refuge – Oil and Gas Development: More Information

Click here to return to our primary page on ANWR, with the current status and discussion of why this rule matters.  History  On December 6, 1960, The Department of the Interior (DOI) designated 9.8 million acres of wilderness in northeastern Alaska as the Arctic National Wildlife Range. Pursuant to the order, DOI was tasked with […]

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Electricity Law Initiative: States Should Regulate Rates for Distributed Energy Resource Sales

September 21, 2018 Services supplied by distributed energy resources (DERs), including storage, energy production, and demand response, upend long-standing industry assumptions about infrastructure investments, consumer behavior, and rate setting. As DER deployment grows, utilities will need to adapt. While states have clear authority over utility planning and operations and rates paid by consumers for distribution […]

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National Ocean Policy Executive Order – More Information

Click here to return to our primary page on the National Ocean Policy Executive Order, with the current status and discussion of why this rule matters.  History On June 12, 2009, President Obama established the Interagency Policy Task Force, consisting of senior-level officials from across the Administration. The Task Force conducted in-depth research, hosted roundtables, […]

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National Ocean Policy Executive Order

On June 19, 2018, President Trump issued Executive Order 13840, Ocean Policy to Advance the Economic, Security, and Environmental Interests of the United States. This revokes the 2010 executive order that emphasized environmental stewardship and created the National Ocean Policy.

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