Category Archives: Uncategorized

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Hana Vizcarra at Vermont Law Review Symposium

September 19, 2018 Environmental & Energy Law Program Staff Attorney Hana Vizcarra spoke at the Vermont Law Review’s 2018 Annual Symposium on Friday, September 14th. This year’s Symposium theme was “Corporations and Climate Change: How Businesses are Changing the Environmental Landscape.” She spoke about how the discussion around incorporating more expansive climate-risk disclosures in financial […]

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CAFE Standards and the California Preemption Plan

The National Highway Traffic Safety Authority (NHTSA) and the Environmental Protection Agency (EPA) have proposed to treat California’s greenhouse gas standards as preempted by the Energy Policy and Conservation Act (EPCA). Here’s our legal analysis of this and the proposed new emissions and fuel economy standards.

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Hydraulic Fracturing (Fracking) on Federal and Indian Lands – More Information

Click here to return to our primary page on Fracking on Federal and Indian Lands, with the current status and discussion of why this rule matters.  History On March 20, 2016, six days before the final rule was published, industry groups sued BLM to stop the rule. – Independent Petroleum Ass’n of America v. Jewell, […]

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Guest Author Series: Curtis Copeland on GAO and the Congressional Review Act

This is a summary of a white paper, for the full version please click here.  “Errors and Inconsistencies in GAO’s Reports on the Congressional Review Act” Curtis W. Copeland [1] July 11, 2018 Introduction On March 13, 2018, the Government Accountability Office (GAO) published a report that, among other things, concluded federal agencies were frequently not […]

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Denying the Health Benefits of Pollution Reduction

If the EPA wants to defeat its mandate to protect public health and the environment from pollution, a coordinated series of attacks on how the benefits of pollution reduction are defined and quantified is on the critical path to doing so.  Since at least October 2017, the EPA has taken steps along that path, introducing […]

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Subverting the Process of Setting Health-Based Air Quality Standards: Our Interview With Janet McCabe

Listen below to our recent podcast featuring Janet McCabe, former Acting Assistant Administrator for the EPA Office of Air and Radiation and current Assistant Director for Policy and Implementation at Indiana University’s Environmental Resilience Institute and a Senior Law Fellow at the Environmental Law and Policy Center.   Key points from our interview: The science- […]

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Clean Power Plan / Carbon Pollution Emission Guidelines – More Information

Click here to return to our primary page on the Clean Power Plan, with the current status and discussion of why this rule matters.  History October 23, 2015 — EPA published the Clean Power Plan (or the “Carbon Pollution Emission Guidelines for Existing Stationary Sources: Electric Utility Generating Units”). The rule set carbon pollution limits on existing power […]

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Electricity Law Initiative Submits Comment to FERC

On Monday, the Electricity Law Initiative filed comments at the Federal Energy Regulatory Commission (FERC) about proposed capacity market rule changes. The Electricity Law Initiative’s comments emphasize that procuring electric generation capacity is a program of cooperative federalism – states may choose among resources for their environmental or other benefits while FERC has authority over […]

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Ari Peskoe Speaks at National Conference of Regulatory Attorneys

April 26, 2018 — Yesterday, Electricity Law Initiative Director Ari Peskoe spoke to the National Conference of Regulatory Attorneys (NCRA), an annual gathering that offers educational and networking opportunities specifically tailored to government utility regulatory attorneys. Peskoe’s talk explored recent federal court decisions and FERC orders that interpret the jurisdictional line between state and federal […]

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“Power Over the Twenty-First Century Electric Grid” -Ari Peskoe

Regulation of the U.S. electricity industry is split primarily between state public utility commissions (PUCs) and the Federal Energy Regulatory Commission (FERC) along jurisdictional lines established by Congress nearly a century ago. The division of authority outlined in the Federal Power Act (FPA) accords with the industry’s structure and technology that existed at the time.

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