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April 27, 2022 by James Goodwin

New Report: Democratizing Our Regulatory System Is More Important Than Ever. Can FERC Lead the Way?

Few policy questions have a more profound impact on our day-to-lives than how we produce, transport, and use energy. Whether it’s a fight against the siting of a polluting natural gas facility in a historically Black community, the catastrophic failure of an electric grid following a winter storm, foreign wars causing price shocks that further hollow out the fixed incomes of America’s older adults, or an abiding concern over leaving our grandchildren a habitable climate — all these issues and more make energy policy a central concern for the public.

Despite this broad-based and deep concern, the public remains largely excluded from participating in the development of energy policy — much less shaping it. Instead, corporate insiders still retain outsized influence over the energy policymaking process, leaving policymakers with a skewed perspective on issues they address through regulation, which ultimately undermines the quality and legitimacy of those regulations. Worse still, the voices that are systematically excluded often speak for structurally marginalized communities, which reinforces broader societal and racial injustice.

Fortunately, the Federal Energy Regulatory Commission (FERC) — which oversees much of the country’s energy infrastructure and helps set rules, rates, and standards for energy markets — is undertaking new efforts to …

April 5, 2022 by Jake Moore
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Virginia Gov. Glenn Youngkin (R) recently made a statement bashing the Regional Greenhouse Gas Initiative (RGGI), the East Coast's regional cap-and-trade program intended to reduce climate pollution and energy costs for low-income households. In attacking the program, Youngkin repeated questionable claims about its costs, impacts, and benefits and made clear his desire to move the Commonwealth backwards on climate policy and the clean energy transition.

Virginia joined RGGI to meet the goals outlined in the Virginia Clean Economy Act (VCEA) and Environmental Justice Act (EJA), which were passed in 2020. Funds generated through RGGI are directed toward critical energy efficiency programs for low-income households and flood prevention.

Youngkin has long expressed interest in removing Virginia from RGGI and, through his recent executive order, began his attempt to officially leave the program. The order requires the Virginia Department of Environmental Quality (DEQ) to conduct an analysis of the …

March 21, 2022 by Alexandra Klass, Hannah Wiseman
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This op-ed was originally published by Bloomberg Law. Reproduced with permission. Published March 17, 2022. Copyright 2022 The Bureau of National Affairs, Inc. 800-372-1033. For further use, please visit http://www.bna.com/copyright-permission-request/

In the wake of recent high-profile electric power failures, numerous policymakers and politicians have asserted an inherent tension between the aims of clean energy and grid reliability. One Texas regulator declared that the best response to the hundreds of deaths caused by last year’s blackouts was for the state never to build another wind turbine again—even though the failure to weatherize natural gas infrastructure has been diagnosed as the blackouts’ primary cause.

At the same time, large utilities such as Duke Energy have proposed major new investments in natural gas generation, citing the need for reliability.

These calls for new fossil fuel investments in the name of reliability are a dangerous …

Nov. 11, 2021 by Richard Pierce, Jr.
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This commentary was originally published by The Regulatory Review. Reprinted with permission.

While most people were following the developments at the G20 meeting and the Climate Change Summit last week, or immersed in watching the outcomes of key elections in several states such as Virginia and New Jersey, I was waiting to learn the results of a referendum in Maine.

Last Tuesday, Maine voters approved a measure that prohibits the construction of a transmission line that would have delivered hydropower generated in Quebec to New England. New Hampshire refused to permit construction of the same transmission line last year.

The largely ignored vote in Maine may have a greater effect on the future of the United States than any of the highly publicized events of the past week. When states and localities block electricity transmission projects that are in the national interest, they threaten the country’s …

Nov. 8, 2021 by Daniel Farber
Solar Energy and Electricity

This post was originally published on Legal Planet. Reprinted with permission.

Late Friday, the House passed President Biden's infrastructure bill, the Build Back Better law. As The Washington Post aptly observed, the bill is the biggest climate legislation to ever move through Congress. It also attracted key support from some Republicans, which was essential to passing it in both houses of Congress. Biden is pushing for an even bigger companion bill, but the infrastructure bill is a huge victory in its own right.

One major area of spending is transportation. Some of that goes for roads and bridges. But as The Washington Post reports, there's a lot of money for rail and mass transit:

    "Another $66 billion will go to passenger and freight rail, including enough money to eliminate Amtrak's maintenance backlog. Yet another $39 billion will modernize public transit, and $11 billion more will be …

Oct. 28, 2021 by Minor Sinclair
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Our society has finally reached a turning point on climate.

I’m not referring to the “point of irreversibility” about which the United Nations warns us: In nine short years, the cascading impacts of climate change will trigger more and greater impacts to the point of no return.

Rather, we have reached the turning point of political will for climate action. There is no going back to climate passivity or denialism. Choosing to electrify and greenify is a progressive agenda, a mainstream agenda, and an industry agenda though all of these agendas differ.

Reconciling these interests, Congress will pass one, if not two, major spending bills this fall, which would invest as much as $750 billion in climate investments to decarbonize, electrify, and build resilient infrastructure. This achievement is not the Green New Deal, nor the full vision of the Sunrise Movement, but it borrows parts from …

Aug. 9, 2021 by Alina Gonzalez
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In his first week of office, President Joe Biden signed an executive order, "Tackling the Climate Crisis at Home and Abroad," that responds to climate change with an emphasis on environmental justice. Notably, the order creates a government-wide "Justice40 initiative," which sets a goal for disadvantaged communities most impacted by climate change and pollution to receive at least 40 percent of overall benefits from federal investments in climate and clean energy.

In attempts to provide key foundational principles for the initiative, the White House recently released a draft guidance document that details how federal agencies should advance the programs covered by the Justice40 Initiative. While the interim guidance provides some direction for the scope of the initiative, the commitment to direct 40 percent of spending to disadvantaged communities is not so straightforward.

The hope of Justice40 is that frontline communities, the ones most burdened …

July 30, 2021 by Daniel Farber
Solar Energy and Electricity

This post was originally published on Legal Planet. Reprinted with permission.

On Wednesday, Oregon Governor Kate Brown signed a package of four clean energy bills. These bills move the state to the forefront of climate action. They ban new fossil fuel plants and set aggressive targets for the state's two major utilities, requiring emission cuts of 80 percent by 2030, 90 percent by 2035 and 100 percent by 2040. This is not only a major step forward for the state; it should also clear the path to closer collaboration among Washington State, Oregon, and California on climate issues.

In signing the bills, Brown observed, "As we have all been experiencing, climate change is no longer a distant threat. It is here. In Oregon, and across the West, we are feeling its impacts every day."

The bill setting the state's aggressive targets passed the Oregon Senate on …

June 7, 2021 by Daniel Farber
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This post was originally published on Legal Planet. Reprinted with permission.

Some events last week sent a strong signal that the tide is turning against fossil fuels. Each of the events standing alone would have been noteworthy. The clustering of these events dramatizes an important shift.

To paraphrase Churchill, this may not be beginning of the end for fossil fuels, but at least it is the end of the beginning of the campaign against them.

Two of the events involved striking decisions in lawsuits in other countries involving fossil fuels. A federal court in Australia ruled that the government had a "duty of care" toward its young people to protect them from climate change. Accordingly, it could be found guilty of negligence if it failed to take their interests into account when considering a request to expand a coal mine. The court said that "it is difficult …

June 3, 2021 by Maggie Dewane
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Season 5 of the Center for Progressive Reform's Connect the Dots podcast continues with Episode 4: That's an Order. Keep reading for a summary and to listen to the episode.

President Biden put climate policy front and center on his campaigning platform and wasted no time in pushing his agenda when he took office. The president has proposed $14 billion in spending on initiatives to fight the crisis in the nation’s 2022 budget, and he has appointed cabinet officials with informed backgrounds to offer guidance. He’s also altered tax incentives to favor clean energy over fossil fuels and promised to spur a job revolution that will protect workers in this sector.  But the U.S. is operated by three branches of government and federal powers are limited. It’s often the case that the "real work" is done on state and local levels. So, how …

CPR HOMEPAGE
More on CPR's Work & Scholars.
April 27, 2022

New Report: Democratizing Our Regulatory System Is More Important Than Ever. Can FERC Lead the Way?

April 5, 2022

Virginia's Youngkin Didn't Major in Environmental Economics

March 21, 2022

Bloomberg Law Op-Ed: Clean Energy Is Grid Reliability’s Best Hope, Not Enemy

Nov. 11, 2021

The Need to Change Jurisdiction Over the U.S. Electric Grid

Nov. 8, 2021

The Climate Bill Inside the Infrastructure Bill

Oct. 28, 2021

A Turning Point on Climate — and for the Center for Progressive Reform

Aug. 9, 2021

How Big of a Deal Is Biden's Justice40 Initiative?