Category Archives: Uncategorized

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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Emmett Clinic Drafts Amicus Brief Explaining Dicamba Harms

Today, the Emmett Clinic filed an amicus brief in a 9th Circuit case challenging the Environmental Protection Agency’s approval of Monsanto’s XtendiMax—a new formulation of the highly-volatile and toxic herbicide dicamba.  EPA conditionally approved the product in 2016, based in part on Monsanto’s assurances that its formulation was less volatile than previous dicamba formulations.  Environmental […]

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Clinic Releases Report on How to Address Climate Change in the Farm Bill

December, 2017 – The Emmett Environmental Law & Policy Clinic has released its new report, “Opportunities to Address Climate Change in the Farm Bill”, which summarizes the Clinic’s proposals for how to address climate change in the Farm Bill, both during the current authorization process and in the future.  The report provides recommendations for both climate mitigation […]

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Konopacky Brings Expertise to Farm Bill Reauthorization

The Harvard Environmental Policy Initiative (EPI) is engaging in reauthorization of the federal farm bill to help cut through the policy failures that are stymying meaningful action to address the nation’s largest water quality challenge – nutrient pollution. Nutrients from agricultural and urban areas and municipal water utilities are overloading water resources, and people are […]

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Uranium Extraction Water Quality Standards

On January 19, 2017 EPA published a new proposed rule with less stringent regulatory requirements “based on public comment and new information received from stakeholders” about the January, 2015 proposal.

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Freeman and Goffman on Perry’s Plan to Prop up Coal

October 25, 2017 – ELP director Jody Freeman and incoming executive director Joe Goffman call out energy secretary Rick Perry’s anti-market plan to prop up coal and nuclear power in today’s New York Times. This Trump administration attempt “to prop up the struggling coal industry by doing something very un-Republican — subsidizing it,” is based on […]

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Dakota Access Pipeline

The pipeline is built and in operation; in October, 2017 a court rejected efforts to halt operation pending litigation. The tribes have asked for stricter oversight of pipeline operations, which the D.C. District court granted on December 4, 2015.

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EPI Submits Comments on ‘Resiliency Rule’

October 18, 2017 — The Environmental Policy Initiative submitted comments today to the Federal Energy Regulatory Commssion (FERC) on the Department of Energy’s (DOE) Notice of Proposed Rulemaking (NOPR). The NOPR invokes a rarely used authority that allows DOE to propose a rule under the Federal Power Act. If finalized, the rule would effectively subsidize coal […]

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