On April 29, Illinois Governor J.B. Pritzker released proposed legislation, SB2896 and HB4074, to set statewide minimum, uniform standards for wind farms and ground-mounted solar energy systems, including setback requirements, height restrictions, and landscape buffer requirements, while maintaining local authority over permitting and final project approval. Currently, Illinois counties have the authority to set all standards and siting procedures for wind and solar energy facilities.
Continue Reading Illinois Bill Proposes Statewide Standards for Solar, Wind Farm Energy Facilities

In parts one and two of our series on President Biden’s infrastructure plan, we have discussed infrastructure resilience, remediation, green technologies, and reducing greenhouse gas emissions. Today, we focus on a central theme woven into President Biden’s proposal: equity and environmental justice.

Many of President Biden’s proposals fall into several of the four areas of federal policy intervention that environmental research institution Resources for the Future has identified as necessary for a fair transition to greener technology: workforce development and labor standards, economic development, environmental remediation and infrastructure, and public benefits. The summaries below include some of that overlap.
Continue Reading Biden Infrastructure Proposal Prioritizes Equity and Environmental Justice

We have previously blogged about President Biden’s infrastructure plan released in late March. The sweeping $2 trillion plan provides a blueprint designed to strengthen America’s infrastructure and reduce greenhouse gas emissions. This goal was also highlighted in the president’s recent discretionary spending request to Congress, requesting $1.8 billion in programs to reduce greenhouse gas emissions, which EPA Administrator Michael Regan called “historic investments to tackle the climate crisis[.]”

In three principal areas — research and development, vehicle emissions, and building improvements — the Biden plan pushes to spur technological advancement and reduce greenhouse gas emissions.
Continue Reading Biden Infrastructure Proposal Plants Seeds for a Greener Tomorrow

On January 19, the D.C. Circuit vacated the Affordable Clean Energy Rule (ACE), a rule intended to reduce greenhouse gas (GHG) emissions emitted from power plants. Am. Lung Ass’n et al. v. EPA, No. 19-1140. The lengthy opinion touches on numerous issues raised over the last 10 years as EPA has bumped toward the goal of regulating greenhouse gases. The opinion appears to be grounded in EPA’s own assertions, made in this and other rulemakings, that climate change is a grave threat to society and power plants are a significant source of GHGs.
Continue Reading Affordable Clean Energy Rule Vacated

New York Governor Andrew Cuomo just signed into law an ambitious statewide climate change agenda – the Climate Leadership and Community Protection Act (CLCPA). The CLCPA focuses on greenhouse gas (GHG) reduction through adoption of renewable energy and energy sector mandates for GHG reductions, although the legislation leaves open the exploration of other means of GHG reduction and the expansion to economy-wide regulation. The legislation also focuses on adaptation mechanisms, including hardening infrastructure to withstand disasters. Commercially, the CLCPA goals present massive investment opportunities to help fund and develop this transformation. But investors are looking for incentives, and it remains unclear how future regulations will encourage future investments, rather than mandate them.
Continue Reading New York’s Landmark Climate Bill Creates Massive Investment Opportunities but with Few Details for Businesses

The EPA announced its final rule for power plant greenhouse gas (GHG) emissions, culminating often rancorous discussion and litigation over the EPA’s authority to regulate GHG emissions from existing coal-fired electricity generating sources. Under the new Affordable Clean Energy (ACE) rule, the states, not the federal government, are now responsible for driving down GHG emissions from power plants. Specifically, the EPA now requires unit-specific standards of performance to be developed by the states using its new emission guideline that details the “best system of emission reduction.”
Continue Reading EPA’s Final Power Plant Greenhouse Gas Rule Shifts Emissions Regulation to States

Earlier this month, the SEC’s Division of Corporation Finance issued a no-action letter saying that ExxonMobil could exclude a shareholder proposal that called for the disclosure of specific greenhouse gas (GHG) emissions targets – specifically, targets that correspond with goals outlined in the Paris Climate Agreement.
Continue Reading SEC Says No to Shareholder Proposal, But Climate Disclosure Disputes Are Here to Stay

The EPA kicked off the week with the proposed Affordable Clean Energy (ACE) rule, which is meant to replace the Clean Power Plan (CPP). As expected and foreshadowed by its proposed changes to the legal rationale underpinning the CPP, the EPA will regulate only source emissions, not sector-wide emission reduction activities. The EPA claims this “best system of emissions reduction” is consistent with the Clean Air Act Section 111(d) authority and is both technically feasible and appropriate for coal-fired power plants.

Continue Reading Affordable Clean Energy Rule Proposed to Replace Clean Power Plan

Environmental Protection Agency (EPA) Administrator Scott Pruitt declared “the war against coal is over” yesterday in his announcement that the EPA will move to repeal the Clean Power Plan. In a lengthy proposal leaked last week that was then updated and signed October 10, the EPA proposes to repeal the Clean Power Plan (CPP), a controversial regulation designed to cut carbon dioxide (CO2) emissions from existing fossil fuel-fired power plants. In support of the proposal, the EPA describes the Obama-era EPA’s interpretation of the Clean Air Act as unlawful.
Continue Reading Pruitt Declares “The War Against Coal is Over”

The Clean Power Plan, the Obama Administration’s attempt to reduce carbon dioxide emissions from existing power plants, had its day in court on September 27. What a day it was!

Ten judges of the D.C. Circuit Court of Appeals heard arguments addressing the validity of the EPA’s Clean Power Plan in this rare “once in a lifetime” case. (Judge Merrick Garland, a nominee to the Supreme Court, did not hear the case.) A dozen lawyers battled for nearly eight hours — far longer than the three hours the court had allotted — on issues ranging from the Plan’s constitutionality, obscure principles of statutory interpretation, congressional intent, states’ rights, and administrative procedure.
Continue Reading Clean Power Plan has its Day in Court