Federal Court Deals Major Blow to Keystone XL Pipeline

by Victor Flatt | November 12, 2018

Late last week, a federal district court in Montana blocked construction on the Keystone XL pipeline. The decision in Indigenous Environmental Network, et al. v. U.S. Department of State is a significant victory for the environment and a major blow to the ultimate completion of the controversial pipeline.

The case centered on the Trump administration’s 2017 decision to reverse the State Department’s initial rejection of the pipeline project, issued in 2015. The court noted that the environmental impact statement prepared by the Trump State Department in support of the reversal is deficient in its analysis of future oil prices and the need for the project, the cumulative impact of Keystone with the Alberta Clipper pipeline, the need to finish analysis of cultural impacts along the route, and the need for updated oil spill information. The court also concluded that the Trump administration failed to provide adequate reasons for the reversal, a violation of the Administrative Procedure Act (APA).

Though much of the court order is based on the administration's failure to provide adequate information on and analysis of the environmental impacts of the proposed pipeline (and attendant issues of endangered species protection), the issues that are germane to much of the court’s ruling cannot be corrected by merely supplying more information. In particular, the new reality of oil prices undercuts the need for the project. If, in fact, the State Department adequately considered the new reality ...

Argument Analysis: Justices Express Skepticism over Using Legislative Motive in Pre-emption Analysis

by Emily Hammond | November 06, 2018
This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). The Supreme Court heard oral argument yesterday morning in Virginia Uranium Inc. v. Warren, which concerns the largest uranium deposit in the United States, located in south-central Virginia. The petitioners are owners of the deposit who wish to mine uranium, and they are challenging a 1983 statute by which the Virginia General Assembly imposed a moratorium on uranium mining. Although all ...

Argument Preview: Justices May Consider Role of Legislative Motive in Pre-emption Analysis

by Emily Hammond | October 30, 2018
This post was originally published on SCOTUSblog. It is republished here under a Creative Commons license (CC BY-NC-ND 3.0 US). Click here to read Professor Hammond's follow-up analysis of the oral arguments in this case. On November 5, the Supreme Court will hear oral argument in Virginia Uranium, Inc. v. Warren, which could test the extent to which a court will explore a state legislature’s motives when evaluating whether a state statute is pre-empted by federal law. The facts concern the ...

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 ...

Modernizing the Grid

by Daniel Farber | October 24, 2018
Cross-posted from Legal Planet. In my last post, I talked about how Obama's Clean Power plan was the right response to a changing grid. The grid is in the process of changing even more. It was designed for some relatively straightforward tasks. The main power plants, mostly burning coal (but sometimes natural gas or nuclear energy), ran day and night. They were supplemented by other power plants when needed to meet load (customer demand). All the power flowed from these ...

Jumping the Fence Line, Embracing the Grid

by Daniel Farber | October 23, 2018
Cross-posted from Legal Planet. Click here for the follow-up post. If you've been reading this blog or otherwise keeping up with environmental law, you've probably heard this a hundred times: In rolling back Obama's signature climate regulation, the Clean Power Plan, the Trump administration is relying on the idea that EPA's jurisdiction stops at the fence line. That is, according to the Trump folks, EPA can impose measures on each plant, but not measures that go beyond the fence line ...

'National Security' Coal Bailout Collapses

by Daniel Farber | October 17, 2018
Cross-posted from LegalPlanet. In its desperate effort to save the failing American coal industry, the Trump administration promised to use emergency powers to keep coal-fired power plants in operation even though they're not economically viable. That would have been the kind of disruptive change that Trump promised to bring to Washington. But the effort seems to have gone aground, according to Politico. This outcome tells us something about the gap between Trump's promises of committing regulatory mayhem and the realities of ...

The EPA's Affordable Clean Energy (ACE) Rule: Putting Money on ACE Is a Bad Bet -- Part II

by Joseph Tomain | October 10, 2018
This post is the second of a pair on the Trump administration's so-called "Affordable Clean Energy" (ACE) rule. You can read the first post here on CPRBlog.  Industry Trends In short, energy projections demonstrate a clear trend for clean energy and away from fossil fuels. These trends, directly and negatively, affect traditional electric utilities. About the time that rooftop solar financing was being consolidated by third parties such as SolarCity and Sunrun, utilities began to worry about a "death spiral." ...

The EPA's Affordable Clean Energy (ACE) Rule: Putting Money on ACE Is a Bad Bet -- Part I

by Joseph Tomain | October 10, 2018
This post is the first of a pair on the Trump administration's so-called "Affordable Clean Energy" (ACE) rule. You can read the second post here on CPRBlog.  On August 21, the Environmental Protection Agency (EPA) proposed the Affordable Clean Energy (ACE) rule as a substitute for the Obama administration's Clean Power Plan (CPP). The CPP had been stayed from going into effect by the U.S. Supreme Court, and the purpose of the substitute rule is to establish greenhouse gas emissions ...

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 ...

Trump's Proposal to Replace the Clean Power Plan Endangers Public Health and the World's Climate

by Joel Mintz | August 30, 2018
This story was originally published by The Revelator. In his first 19 months in office, Donald Trump has repeatedly defied established presidential norms — so flagrantly that it almost obscures the many ways he's changed national policies for the worse. But despite all the scandals and mean-spirited tweets, it's likely that his most enduring impact will be his administration's systematic, reckless dismantling of ongoing efforts to curtail human-caused climate change. The miseries of global climate disruption are already upon us. ...

The 'Affordable Clean Energy' Rule and Environmental Justice

by Alice Kaswan | August 29, 2018
For disadvantaged communities, the so-called Affordable Clean Energy Rule (ACE) falls far short of the protections and opportunities included in the Clean Power Plan, the Obama administration rule that the Trump EPA is now attempting to repeal and replace. One of the Clean Power Plan's (CPP) essential features was its recognition that the electricity sector operates as an interconnected system. Because of its system-wide approach, the CPP could achieve significant reductions of greenhouse gases and other pollutants by encouraging utilities ...

What's Ahead for Trump's Pro-Coal Rule?

by Daniel Farber | August 28, 2018
Cross-posted from LegalPlanet. You've already heard a lot about Trump's pro-coal ACE rule. You're likely to keep hearing about it, off and on, throughout the next couple of years, and maybe longer. I've set out a rough timetable below, and at the end I discuss some implications. Step 1: The Rulemaking  Aug. 2018 Notice of proposed rule issued (clock for comments starts with publication in the Federal Register) Oct.-Nov. 2018 Comment period closes (60 days after clock starts, unless there are ...

A Loss for Trump -- and for Coal

by Daniel Farber | August 23, 2018
Cross-posted from LegalPlanet. Understandably, most of the attention at the beginning of the week was devoted to the rollout of the Trump administration's token effort to regulate greenhouse gases, the ACE rule. But something else happened, too. On Tuesday, a D.C. Circuit ruling ignored objections from the Trump administration and invalidated key parts of a rule dealing with coal ash disposal. That rule had originally come from the Obama administration, and the court agreed with environmentalists that it was too weak. ...

Judge Brett Kavanaugh: Environmental Policymaker

by Joseph Tomain | July 26, 2018
This post is part of a series on Judge Brett Kavanaugh's nomination to the U.S. Supreme Court. When Judge Brett Kavanaugh was nominated for the open U.S. Supreme Court seat, I was interested in his energy law opinions and began reading them together with some of his environmental law decisions. They seem to be written by two different judges. Administrative law cases can be procedurally and technically complex. The role of the judiciary in those cases, however, is relatively straightforward. Congress passes ...

The Hill Op-Ed: Trump's Policies Blasting at the Foundations of Conservation in Public Land Law

by Robert Glicksman | July 19, 2018
This op-ed originally ran in The Hill. Last month, two Inspectors General issued scathing reports about their departments' behavior. The Justice Department's IG got all the attention, while largely overlooked was a disturbing report from the Interior Department IG, who concluded that the agency had no reasonable rationale for halting a major study of the health risks of mountaintop removal mining. The study was already under way, and nearly half of its $1 million price tag had already been spent, but Secretary Ryan Zinke and ...

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 ...

Trump's War on Progressive, Competitive Energy Markets

by Hannah Wiseman | June 13, 2018
It is widely recognized that President Trump has pushed an aggressive anti-regulatory agenda on the environmental front, but this agenda often hides a second, anti-free-market battle waged in the energy context. For decades, Congress and the Federal Energy Regulatory Commission (FERC) have worked to move the country toward competitive markets in the sale of wholesale energy – energy that generators sell to utilities, or which utilities sell to each other, and then to retail customers. Congress and FERC believed that ...

Energy

When it comes to energy policy, the nation faces difficult choices. Researchers have made important strides on bringing renewable sources of energy into the mainstream, gradually replacing more familiar, but nevertheless unsustainable, high-polluting sources of power for our homes, cars and factories.

Recommended Resources:
Clean Energy
Renewable Energy Instead of Fossil Fuels

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