The Hill Op-ed: Congress Should Support Clean Energy Research and Development

by Joseph Tomain | August 22, 2019

This op-ed was originally published in The Hill.

For the past couple of years, President Trump's federal budget proposal has called for the elimination of a crucial Department of Energy program — the Advanced Research Projects Agency-Energy (ARPA-E).

The agency’s mission is to fund high-risk/high-reward energy research — that is, research that has transformative potential for the nation’s economic and energy needs but that is deemed too expensive or too risky for energy companies to fund on their own. Congress, though, has wisely resisted the ...

Achieving an 80 Percent Emissions Cut by 2050

by Daniel Farber | May 22, 2019
Originally published on Legal Planet. To do its part in keeping climate change to tolerable levels, the United States needs to cut its carbon emissions at least 80 percent below 1990 levels by 2050. That’s not just a matter of decarbonizing the electricity sector; it means changes in everything from aviation to steel manufacture, and reducing not only CO2 but also other pollutants like HFCs and black carbon. In a new book, Michael Gerrard and John Dernbach have assembled a team of authors to ...

Good News from the States: April 2019 Round-up

by Daniel Farber | April 30, 2019
Originally published on Legal Planet. Every day seems to bring more news of the Trump administration's dogged efforts to reduce environmental protections and accelerate climate change with increased carbon emissions. But, as has been true since Trump took office, the picture at the state level is much different. State governments across the country have accelerated their efforts to decarbonize while efforts to save the coal industry have foundered. Here are some of the latest developments. Earlier this month, Maryland's legislature ...

Twin Peaks: The Fossil Fuel Edition -- Part II

by Joseph Tomain | April 22, 2019
Fossil fuels are reaching their consumption peak. By way of example, the United States has a surfeit of coal, but coal use is on the decline as natural gas and renewable resources replace the dirty fuel for generating electricity. Similarly, oil and natural gas are on the same decreasing consumption trajectory as recent data and modeling suggest. Consider the following market facts that directly impact coal and reveal its consumption peak: In Europe, fossil fuels peaked when renewables reached 3 ...

Twin Peaks: The Fossil Fuel Edition -- Part I

by Joseph Tomain | April 22, 2019
In 1956, Texas oil geologist M. King Hubbert predicted that U.S. oil production would peak no later than 1970. Lo and behold, in 1970, oil production topped out at just over 9.6 million barrels a day (mbd) and began its decline. The predicted peak had been reached. Regarding the world oil supply – no worries. There were oceans of oil in Middle East deserts, particularly in Saudi Arabia. Additionally, new finds in the North Sea, as well as discoveries, largely ...

Seven Bright Spots of 2018

by Daniel Farber | December 31, 2018
A version of this post was originally published on Legal Planet. Yes, it was a grim year in many ways. But there actually were some bright spots. Here are just the high points. Scott Pruitt. Pruitt resigned under fire. While his successor may be more successful in some ways, the fact remains that Pruitt was a disgrace. We're better off without him. Trump was apparently unfazed by his incompetence and aversion to hard work. But the succession of scandals and ...

Federalism 'Collisions' in Energy Policy

by Alexandra Klass | November 20, 2018
Originally published in The Regulatory Review. Reprinted with permission. Like many areas of law, energy policy in the United States is both national and local. The boundary lines delineating federal and state authority are not always clear, leading to tension and disagreement between federal and state authorities. When tensions get too high, Congress can, and often has, stepped in to override state control in order to promote national interests. But when Congress faces partisan gridlock, an increasing number of disputes are ...

States Rally Around Renewables

by Daniel Farber | October 29, 2018
Cross-posted from Legal Planet. The Center for Law, Energy, and the Environment published a survey of state energy policies through 2017. The trend toward renewables has continued in 2018. Even after nearly two years of the Trump presidency, states haven't given up. Instead, they're moving forward aggressively. If anything, Trump seems to have stimulated these states to try even harder. Here's a quick rundown of what's happened so far in 2018: California mandated that all new homes have solar energy and ...

From Surviving to Thriving -- Energy Infrastructure: Beyond Repair

by Joseph Tomain | September 14, 2018
This post is part of CPR's From Surviving to Thriving: Equity in Disaster Planning and Recovery report. Click here to read previously posted chapters. We have seen the pictures before. A man and his dog, both wet and disheveled, gliding down the middle of a residential street in a rowboat past downed power lines. As they drift, they pass the tops of cars parked at the curb, immobile. As they drift further, they see a woman and child standing on the roof ...

What Hath FERC Wrought?

by Daniel Farber | July 12, 2018
At the end of June, in a vote divided along partisan lines, the Federal Energy Regulatory Commission (FERC) handed down a sweeping order that will impact electricity markets in a wide swath of the country – likely at the expense of renewable energy and nuclear power. Unfortunately, like Trump's power plant bailout, the result may be to delay the closing of coal-fired power plants. That's a serious problem. A new study by researchers at Resources for the Future shows that ...

Let a Hundred (Municipal) Flowers Bloom

by Daniel Farber | May 17, 2018
In the era of Trump, one bright spot remains what's happening in cities across the nation. Here are some numbers: 402 U.S. mayors have endorsed the Paris Agreement and announced their intention of meeting its goals, while 118 have endorsed the goal of making their cities 100 percent renewable. A bit of quick research provides a sample of what some major cities are already up to: Atlanta. Atlanta's city council has set ambitious goals: 100 percent renewable energy for city ...

The Pull of Energy Markets -- and Legal Challenges -- Will Blunt Plans to Roll Back EPA Carbon Rules

by Hannah Wiseman | October 17, 2017
Professor Hari Osofsky of Pennsylvania State University co-authored this article with Center for Progressive Reform Member Scholar and Florida State University College of Law Professor Hannah Wiseman. It originally appeared in The Conversation on October 13, 2017. On Oct. 10, EPA Administrator Scott Pruitt formally announced a repeal of the Clean Power Plan, regulation intended to curb greenhouse gas emissions from existing coal- and natural gas-fired power plants.  This follows a directive only a week earlier by Energy Secretary Rick Perry for the ...

Trumping Innovation

by Joseph Tomain | March 21, 2017
Yale economist William Baumol has written extensively on the connection between innovation and economic productivity. He has demonstrated that the United States has long been committed to promoting innovation, and through innovation, virtuous circles of economic growth are created. Unfortunately, the current administration appears committed to curtailing, even stopping, that growth. The president's first budget has many targets. One, though, directly contradicts Baumol's research and, more problematically, directly contradicts the U.S. Constitution. From the Founding, it has been a fundamental ...

Is Texas Cleaning Up Its Act?

by Daniel Farber | February 21, 2017
At a national meeting of state utility regulators, the head of the group recently said that the Clean Power Plan was basically dead, but this might not matter because "arguably, you're seeing market-based decarbonization" due to technological changes. Case in point: Texas. Market trends are pushing Republican stronghold Texas toward a cleaner grid. ERCOT, which operates nearly all of the state's grid, recently projected that in the next fifteen years, Texas will add almost 20 gigawatts of solar, equivalent to 15-20 ...

Uninformed and Unqualified: A Brief Run-Down of Rick Perry's Energy Department Nomination

by Alexandra Klass | January 23, 2017
There are few reasons for the Senate to confirm former Texas Governor Rick Perry as Secretary of the U.S. Department of Energy (DOE) and many reasons to oppose his confirmation. He famously vowed to abolish the DOE when he ran for president in 2012 (along with several other federal agencies) but then could not even remember the name of the agency when asked about it during the Republican primary debates. One might have guessed at that time that he knew ...

A Win-Win Energy Law in Illinois

by Daniel Farber | January 11, 2017
It went pretty much unheralded by the national media, but in December, Illinois adopted a major new energy law – and with strong bipartisan support. Each side had some things to celebrate. Republican Governor Bruce Rauner touted the impact of the law on utility bills. According to the governor, the law "contains a guaranteed cap that energy prices cannot increase more than 25 cents on the average residential home, and cannot increase more than 1.3 percent on commercial and industrial ...

Florida's Constitutional Amendment 1 Is Anti-Solar Energy

by Joel Mintz | November 08, 2016
Today, Florida residents are voting on a number of items including Constitutional Amendment 1, misleadingly titled "Rights of Electricity Consumers Regarding Solar Energy Choice." Although it gives the appearance of promoting solar energy, Amendment 1 is actually a deceptively worded attempt by big, investor-owned utility companies (including FPL and Duke Energy), masquerading under the banner of "Consumers for Smart Solar," to suppress the growth of solar energy in the Sunshine State and maintain the utilities' current monopoly in the state's ...

Maryland's Environmental and Energy Policy Moving Backward under the Hogan Administration

by Jeremy Baker | September 29, 2016
Larry Hogan promised to be the "best environmental governor that's ever served" in Maryland. But three recent policy developments call that claim into question.  Earlier this year, the Hogan administration vetoed the Clean Energy Jobs Act, which would have raised Maryland's renewable energy portfolio standard – the share of electricity that energy providers must derive from renewable sources – from 20 percent by 2022 to 25 percent by 2020. A stronger commitment to renewable energy could have had a tremendous ...

Trump's Legal Challenges to the California Car Deal

Farber | Sep 09, 2019 | Environmental Policy

Cost-Benefit Analysis and the Next President

Farber | Sep 06, 2019 | Regulatory Policy

Clearing the Air

Farber | Aug 26, 2019 | Environmental Policy
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