The Pull of Energy Markets -- and Legal Challenges -- Will Blunt Plans to Roll Back EPA Carbon Rules
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 the Federal Energy Regulatory Commission to start a process to essentially subsidize coal and nuclear power plants.
At first blush, these developments give the impression that the U.S. power sector is about to take a dramatic turn, and these decisions do indeed represent a significant shift in U.S. policy. But major changes on the ground are unlikely to happen overnight, or perhaps even in the next several years, for many reasons. Topping the list are legal challenges and simply the way competitive energy markets work.
Headwinds from natural gas, wind and solar
Legally, the Clean Power Plan repeal is already facing a challenge. The same day as its demise was announced, New York Attorney General Eric T. Schneiderman responded that he would lead a coalition of states and localities in a lawsuit defending the Clean Power Plan.
Unless the Trump administration replaces the Clean Power Plan with something that addresses greenhouse emissions adequately, its decision is
Foreseeable Yet Lamentable: Pruitt's Attack on Carbon Restrictions
An earlier version of this post appeared on Legal Planet. Few things were more foreseeable than the Trump administration's repeal of the Clean Power Plan (CPP). The administration was never going to leave in place a regulation that disfavored coal and promoted the use of renewable energy in electricity generation. The only real questions were when and how. Today, the administration is taking the first step with the release of a proposed rule repealing the CPP. EPA is relying wholly
Under the Radar: What States Are Doing about Energy and Climate
What happens in Washington gets a lot of attention. You probably also follow what's going on in your own state. But it's very hard to know what's happening in states across the country. In an effort to get a better sense of that, I've explored state activity on climate change and energy in a series of posts. This wasn't a fifty-state survey, or even a statistically valid random sample. But it does indicate what's happening in a range of states,
Houston Chronicle Op-Ed: Burying Our Head in Sand on Climate Change No Longer an Option
This op-ed originally ran in the Houston Chronicle. Every day during the Hurricane Harvey disaster, our hearts would sink as we kept hearing the word "unprecedented" again and again. Harvey wasn't supposed to strengthen so fast; it shouldn't have stalled where it did. Every day as we hoped the worst was over, Harvey would pummel us even harder. Everything was outside the norm, breaking all records. Over 50 inches of rain. Houston's "wettest month in recorded history." High river marks exceeded
Baltimore Sun Op-Ed: Preparing for Hurricanes Should Not Fall to Ratepayers
by Matt Shudtz | September 20, 2017
This op-ed originally ran in the Baltimore Sun. The full scope of the heartbreaking devastation wrought by hurricanes Harvey and Irma — the human, economic and environmental toll — may not be completely understood for years. As we do what we can to help the victims, it is also time to think about how we can prepare for the inevitable here in Baltimore. After all, Baltimore floods more than most other cities in the United States and gets little help
As Irma Hits Florida, Trump's Risk Is Different from His Neighbors'
As Hurricane Irma takes aim at the Florida coast, questions about property and community vulnerabilities abound, including for some of President Donald Trump's properties. A brief analysis by the Center for Progressive Reform (CPR) has found that while Trump's properties, including Mar-a-Lago, face significant risk of damage from the hurricane and from the ongoing impacts of climate change, surrounding neighborhoods and communities will have a much more difficult time rebuilding and recovering from the storm. Three Trump developments in South
Trump Administration Policies Will Make Americans More Vulnerable to Toxic Floodwaters
As the country bears witness to the impacts of Hurricane Harvey, a storm unlike any other, the Trump administration's policy of rolling back worker, emergency response, and environmental safeguards will all but ensure that victims of future flooding events will be exposed to toxic contamination. Over just a 36-hour period, an estimated 9 trillion gallons of rainwater deluged Texas, affecting millions and displacing tens of thousands along the Gulf Coast and in Houston. As the rainfall and flooding wear on this week, emergency
As Texas Floods, President Trump Backpedals on Resiliency
With a sense of horror, the nation is watching waters rise in southeastern Texas as now-Tropical Storm Harvey spins across the Gulf Coast. While no individual storm can be attributed to climate change, scientists predict more intense storms, and the wisdom of preparing for future floods has never been clearer. And yet, less than two weeks ago, President Trump issued an executive order that rolled back a federal flood standard designed to anticipate intense flooding. Instead of investing in infrastructure
Law Professors from Every Coast Ask SCOTUS to Weigh in on Louisiana Coastal Wetlands Case
Last week, more than two dozen law professors from around the country – many of them CPR Member Scholars – filed a friend-of-the-court brief with the U.S. Supreme Court, urging a fresh look at a lower court decision with sweeping implications for the balance of power between states and the federal government. The issue is vital to Louisiana because it affects whether oil and gas companies can be held liable for decades of damage they have done to the state's
Trump's Deregulatory Agenda Is an Assault on Climate-Threatened Communities
Late last week, we shared our first take on how the Trump administration's 2017 deregulatory agenda threatens to knock the wheels off of agency efforts to protect workers, consumers, and vulnerable populations – like children and homeless families – from air pollution, flooding, and explosions in the workplace, among other hazards. After some additional research, we have also found that the administration's agenda takes aim at safeguards for victims of disasters, such as communities that face the threat of displacement
Combating Climate Change and Health Risks through a Carbon Fee
by Amro Ali | July 06, 2017
No one is safe from the effects of climate change. That's the key takeaway from a March report by nearly a dozen highly respected medical organizations that studied the link between climate change and risks to our health. And these aren't far-off impacts or theoretical dangers: human-driven climate change is already making people sick. Here's just one example: A woman in southwestern Pennsylvania who had never heard of Lyme disease saw five of her friends contract the illness in recent
As Waters Rise, Trump Wants to Cut Coastal Protection Efforts Off at the Knees
On Thursday, Environmental Protection Agency (EPA) Administrator Scott Pruitt will appear before a House Appropriations subcommittee to explain how he plans to square the Trump administration's proposed 31-percent cut to EPA's budget with its statutory obligations to protect the environment. Spoiler alert: There's no plan. The proposition – implementing and enforcing safeguards related to water, air, and hazardous materials while cutting a quarter of the agency's workforce – is preposterous. Some House members are likely to press Pruitt on a
Trump's Proposed Budget Cuts to Climate Programs Hurt American Agriculture
President Trump's historic retreat from the Paris climate accord last week is just the latest installment in the story of how his administration's anti-science and anti-protections policies with respect to climate change could do grave harm to many aspects of American life. His proposed budget is likely to be the next chapter. While Trump sees the issue through coal-colored lenses, it's clear to anyone paying attention to actual science that that the impacts of climate change have and will continue
Paris Withdrawal Could Lead to 'Lost Century'
The President’s decision to withdraw the United States from the Paris Agreement is a tragedy born of his failure to appreciate the vital importance of U.S. leadership in the world. It’s particularly regrettable coming as it does on the heels of his performance in Europe last week, during which his refusal to embrace the fundamental underpinnings of NATO rocked the alliance. By abandoning the Paris Agreement, Trump continues on a reckless path of pretending that the dire threat posed by
Slowly and Grudgingly, Change Is Coming to Coal Country
A sign of the times: Fox News has reported, without comment, that the Kentucky Coal Museum is installing solar panels to save money. This is part of a larger trend. On Saturday, the New York Times reported on shifts in power production in states like West Virginia and Kentucky. For instance, Appalachian Power has “closed three coal-fired plants and converted two others to gas, reducing its dependence on coal to 61 percent last year, down from 74 percent in 2012.” In response to an
Thinking Globally, Acting Transnationally
The U.S. government obviously isn't going to be taking a global leadership role regarding climate change, not for the next four years. At one time, that would have been the end of the story: the only way to accomplish anything internationally was through national governments. But we live in a different world today, and there are other channels for international action against climate change. Today, transnational networks of state and local governments, private firms, and NGOs are actively addressing climate
Trump's Fossil Fuel Dream Team Faces Climate Change's Checks and Balances
Due to the blinders of his fossil fuel dream team and the industry's myths denying climate change (#ExxonKnew), President Donald Trump seems once again on the verge of withdrawing from the Paris climate change accord. That's a fool's errand. Withdrawal from the Paris Agreement would be a major blow to U.S. standing and leadership in the world. It would also slow our country's efforts to do our part in avoiding catastrophic climate change. So why is he even considering a
Reaching Higher Ground in the Face of Climate Change
We've seen a flurry of news coverage in the last several weeks on climate migration, displacement, and relocation. In a new report published today, the Center for Progressive Reform explores these issues and examines tools and resources that communities can use when faced with the challenges of relocating out of harm's way. The New York Times Magazine recently profiled one homeowner in Norfolk, Virginia, who purchased a home that had never been flooded, but in the ten years since has